Over the last several years, Queensland’s rental laws have been undergoing significant changes, aiming to create a fairer and more transparent rental market for both tenants and landlords. The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 introduced reforms in stages, with key changes commencing throughout 2024 and 2025.
Minimum Housing Standards
From 1 September 2023, new minimum housing standards applied to all new tenancies and renewed agreements. These standards aim to ensure rental properties are safe, secure, and healthy. By 1 September 2024, these standards applied to all tenancies. Landlords must maintain properties to meet these standards, addressing issues such as:
- Structural safety
- Plumbing
- Secure/lockable doors and windows
- Keeping properties free from vermin; and
- Mould and water ingress.
Rent and Bond Reforms
As the Queensland Government works towards a more balanced and equitable rental market, key changes include:
- Rent Payment: Tenancy agreements must now offer tenants at least two rent payment options, including at least one fee-free payment option.
- Rent Bidding Ban: All forms of rent bidding are now prohibited. Properties must be advertised at a fixed price, and landlords cannot encourage offers above the listed rate.
- Rent Increase Limit: Rent increases are limited to once every 12 months and must apply to the property, not individual tenancies. Written agreements must state the date of the last rent increase.
- Rent in Advance: At the tenancy application stage, rent in advance is now capped at one month for fixed-term general tenancies and two weeks for rooming accommodation, moveable dwellings, or periodic tenancies.
- Bond Cap: The maximum bond that can be charged is limited to four weeks’ rent for general tenancies.
- Bond Refunds: Bond refunds may be issued upon lease renewal, and landlords are required to provide evidence for bond claims within 14 days.
- Utilities: If tenants do not receive a utility bill within thirty days, they will generally not be required to make payment.
Maintenance and Safety Obligations
Landlords are now required to address maintenance issues promptly. Failure to do so can result in compensation claims from tenants. A rise in such claims has already been observed, with tenants seeking compensation for injuries caused by neglected maintenance issues.
Domestic and Family Violence (DFV)
Tenants experiencing DFV can end their tenancy by providing a seven-day notice (in the prescribed form) to their landlord or property manager. This notice must be accompanied by evidence such as a Domestic Violence Order, police protection notice, or a family law injunction. Notably, tenants are only liable for rent up to the end of the notice period. Landlords who wish to dispute such a notice must apply to QCAT for the notice to be set aside within seven days of receiving the notice.
Alternatively, if a co-tenant has committed DFV, the affected individual may apply to QCAT to be recognized as the sole tenant. This protection extends to individuals not named on the tenancy agreement, such as spouses, partners, or other residents, if they are experiencing DFV.
Tenants experiencing DFV also have the right to change the locks on their rental property without first obtaining their landlord’s consent. A qualified locksmith must be engaged, and a copy of the new keys must be provided to the landlord.
It is important for landlords and property managers to understand their obligations with regards to confidentiality. All parties are legally obligated to keep any personal information related to DFV confidential, and a breach of this obligation can result in penalties.
Broader Implications
Queensland’s regulation of residential rental arrangements does not just impact landlords and tenants. When buying and selling property, consideration must also be given to residential rental arrangements. For example:
- When selling a property, sellers must ensure all relevant tenancy details are accurately provided to prospective buyers. A failure to provide adequate disclosure may have serious consequences for sellers.
- When buying a property, buyers should ensure they conduct due diligence to verify details of any tenancies and recent rental increases. The regulation of rent increases can mean that buyers are restricted from increasing rent and also may have implications for buyers when obtaining finance where the property being bought has been rented out for less than market value.
- When buying a property, buyers should consider any relevant eligibility requirements for Transfer Duty Concessions. While homeowners in Queensland can now rent out rooms in certain circumstances without losing concessions, there are exceptions and restrictions that apply.
With prescribed forms regularly being updated and more comprehensive record-keeping obligations, it is crucial for landlords and tenants to ensure they stay informed and up to date.
The above is general information only, and it is important that advice be sought about your specific circumstances. If you require advice or assistance with navigating Queensland’s rental and property laws, contact the experienced team at Miller Sockhill Lawyers on 07 5444 4750.