Are You Providing Rooming Accommodation?

Are You Providing Rooming Accommodation?

In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’) generally governs residential tenancies and rooming accommodation agreements.

However, the Act provides that different rules apply depending on the type of agreement in place and the terms of the arrangement.

In particular, the provision of rooming accommodation is regulated differently than general tenancy agreements.

What many property owners don’t realise, is that offering separate areas or rooms for rent in the one dwelling is quite often classed as rooming accommodation.

This is because the residents do not form a common household, share certain facilities (such as a kitchen or bathroom), and do not occupy the whole of the house.

Different Rights and Responsibilities

Landlords should be careful to ensure they understand what type of arrangement is being entered into and what rights and responsibilities they will have under the Act and other associated regulations.

For example, where rooming accommodation is offered, the owner of the property will likely need to ensure:

1. The property has the required classification under the Building Act 1975 to allow for lawful use or occupation;
2. Fire safety requirements under the building code are complied with;
3. They are registered and accredited as a service provider, if required;
4. The Local Council zoning and planning regulation allows for rooming accommodation, and any required building development approvals have been obtained; and
5. The agreements in place comply with any requirements under the Act and the Residential Tenancies and Rooming Accommodation Regulation 2009, if applicable.

Note that the above is not exhaustive.

Obtaining Advice

As the Act doesn’t govern all rooming accommodation agreements, it is important to ensure that you obtain appropriate legal advice.

Property owners should also ensure that they obtain additional professional assistance and advice with respect to:

1. Any town planning issues or any development permits or approvals that may be required;
2. Any licences, approvals, or permits that may be necessary to lawfully carry out the proposed use or occupation of the property;
3. Any requirements and restrictions regarding insurance over the property;
4. The financial and tax implications of the proposed arrangement.

If you require advice or assistance with a residential tenancy or rooming accommodation agreement, contact the experienced team at Miller Sockhill Lawyers on 07 5444 4750 today.

Rachel Clutterbuck, Senior Associate

20/02/2024

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