On June 6 2024, the Queensland Government passed new laws regarding general tenancies, rooming accommodation and moveable dwelling tenancies under the new Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024, which amends the Residential Tenancies and Rooming Accommodation Act 2008.
These laws affect all residential tenancies in Queensland, and extend the rights and obligations of both tenants and lessors.
Let take a quick look at some of the key changes that came into effect from 6 June 2024.
Changes Already In Effect
Rent Bidding
Property managers or owners can no longer accept rent offers higher than the advertised price.
Maximum Advance Rent
At the start of the tenancy, a property manager or owner can no longer accept an offer of rent in advance for more than:
one month for a fixed-term general tenancy agreement;
two weeks for a periodic tenancy;
two weeks for rooming accommodation;
two weeks for moveable dwellings.
Do note that during a tenancy, a tenant may negotiate how much rent in advance can be paid.
Rent Increases
Arguably the most consequential change is that rental increases are now limited to 12 months.
Note that this is now linked to the property, and not the tenancy agreement at any particular time. This means that the rent cannot be increased even if a tenant moves out.
There are however, exempt property managers/owners and exempt providers/agents that will be exempt from the minimum period of rent increase. The Residential Tenancies and Rooming Accommodation Act 2008 provides definitions for an exempt property manager/owner and an exempt provider:
Evidence of Last Increase
Further to the above, a tenant may, by written notice, request from a property manager or owner, evidence of the day of the last rent increase. This must be provided within 14 days.
This requirement does not apply to property managers/owners if the property was purchased within 12 months of tenancy commencement, and they do not have information about the last rent increase for the premises.
Additionally, an exempt property manager/owner/provider is not required to provide such evidence.
Undue Hardship
A managing party (in most instances a property manager or owner) may apply to Queensland Civil and Administrative Tribunal (QCAT) for permission to increase rent within 12 months due to undue hardship.
The tribunal must have regard to any representation made by the tenant in relation to affordability and ability to continue to pay rent.
Rental Bond
If a bond dispute is dismissed or withdrawn at Queensland Civil and Administrative Tribunal (QCAT), the RTA can now release the bond as per the original request.
Smoke alarms
There are new grounds for entry to rooming accommodation to install, maintain or repair smoke alarms.
Please note that this list is not comprehensive, and there have been further changes to the legislative procedures and requirements surrounding lodging and undertaking disputes with QCAT, Privacy and Information Sharing. To view a comprehensive list, please visit the RTAs website by clicking here.
Changes to REIQ Sales Contracts
Alongside these changes, the Real Estate Institute of Queensland released updates to their standard residential sales contracts which real estate agents and lawyers use when preparing contracts for residential transactions.
Be sure that any contract you are presented with is a 19th edition for a Contract for Houses and Residential Land and a 15th edition for a Contract for Residential Lots in a Community Titles Scheme. The edition number will be listed on the first page of the contract of sale.
Changes include:
The Seller must disclose whether the property has been subject to a Residential Tenancy Agreement or Rooming Accommodation Agreement in the 12 months before the Contract Date;
If there has been a tenancy in the last 12 months, the Seller must disclose the day of the last rent increase in the contract under the new section; and
At Settlement, the Seller must deliver sufficient documentation and evidence of the day of the last rent increase under the RTRA Act.
These changes are to ensure sufficient disclosure from the Seller to the new owner, in order for the new owner (the Buyer) to follow the legislative requirements surrounding rental increases and rent amounts.
Note that this change is also in anticipation of the upcoming new Land Titles Act and Seller's Disclosure Regime, which will provide sweeping changes to how property transactions are undertaken in Queensland. We’ll discuss this in more detail at a later date once its commencement date has been proclaimed.
Upcoming Changes From 1 September 2024
Minimum housing standards came into effect for new tenancies from 1 September 2023, but will come into effect for all tenancies from 1st September 2024.
These new standards apply to all types of tenancies, including general tenancies, moveable dwellings, and rooming accommodation agreements.
For more information about minimum housing standards, we recommend reading the RTAs detailed article by clicking here.
Upcoming Changes (Date To Be Advised)
These are announced changes that have not been put into effect at the time of writing, and whose commencement date has not been set.
Entry notice period
The minimum entry notice period will increase from 24 hours to 48 hours
Entry frequency
New limits will apply to the frequency of entry after a notice to end the tenancy has been issued.
Maximum bond
No more than four weeks rent can be requested.
Evidence for bond claims
When making a bond claim or disputing a bond, the managing party must provide the tenant with supporting evidence within 14 days of lodging a claim or dispute.
Rental Applications
A new standardised rental application form will be created and must be used when a tenant is applying for a rental property.
Request for fixtures and structural changes
A revised process for tenants to request fixtures and structural changes to the managing party who must respond within 28 days.
If you want further reading, or to remain up to date on every change regarding tenancies in Queensland, we recommend viewing the Residential Tenancies Authority website by clicking here.
If you’re unsure of your rights and obligations as a tenant or owner, we always recommend speaking with a reputable property lawyer. If you’re ready to talk, book an appointment today.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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