In this blog we discuss the latest updates for QLD Tenancies (Part 2 of a 2 part series). If you are involved in QLD property, a property manager, a tenant or a landlord, this is for you!
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Today's topic - Part Two (of a two part series) on rental law changes & reforms.
Hi Empire Legal family.
So we kicked off last week with an introduction and spoke about the Minimum Housing Standards. We're going to kick off with the remaining three topics for this Stage One rollout. If you missed last, week, click here to go to Part One.
Topic 2 - Renting with pets a huge topic, very emotional for a lot of people.
Our furry friends are part of our family, but there's always a problem when you can't have them in a rental. So what do you need to know? From 1st of October, 2022 (so last year), there were changes making it easier for renters to have a pet, including: a renter can seek the property owner's permission to keep a pet, and property owners can only refuse a pet request on identified reasonable grounds - such as keeping the pet is breaching a bylaw, etc.
Now, the property owner must respond to a request for a pet in writing, within 14 days, or consent is implied.
And the final point on this topic - the property owner's consent may be subject to reasonable conditions such as: the pet having to being kept outside. A rent increase or a pet bond are not reasonable conditions.
Topic 3 - ending tendencies fairly. So this rolled out in October last year (2022). Changes under ending the tendencies fairly include: removal of "without grounds" as a reason to end a tenancy. So, new grounds for property owners to end tendencies, including the end of a fixed term agreement, need to undertake significant repair or renovation, change of use or sale preparation for a rental property requires vacant possession.
New grounds for renters to end tendencies, including: the property is not in good repair or doesn't comply with Minimum Housing Standard. Renters can continue to end an agreement without grounds, and both renters and property owners must provide appropriate notice for the ground or reason they are using to end the agreement.
Now, property owners can seek an order from QCAT, which is the Queensland Civil and Administrative Tribunal, to terminate the tenancy for significant or serious breach of the lease by a tenant.
Conversely, renters can apply to QCAT for an order to set a notice to leave aside if they believe it has been issued in retaliation for them and enforcing their rights.
Topic 4 - domestic and family violence protection. This rolled out a little bit earlier in the piece, 20 October 2021 with the temporary regulatory measures that were introduced under the COVID 19 residential tendencies response for domestic and family violence becoming permanent. Now, renters experiencing domestic or family violence can leave immediately (after giving seven days notice) and access any bond contribution that they made.
They're not liable for any property damage caused by the domestic family violence, not liable for costs relating to reletting the premises; and any remaining co renters can be asked to top up the bond by the property owner or manager.
They can change the locks to the property without requiring the owner's consent (to ensure their safety) and must provide documentation to support their claim. Property owners, managers, and the employees must not disclose this information, except we're permitted, and may be subject to penalties where they do so.
Conclusion:
So, a huge update to make sure that anyone subjected to domestic or family violence, which does still exist guys - it's still a big problem in Queensland, are protected. Now, obviously I've just given you a very broad overview of these topics, and this is only Stage One.
If you want to know more about it, or anything I've just spoken about in Stage One, the RTA website: rta.qld.gov.au - that's the authority for all of this stuff. They are the body for rental laws in Queensland. I highly recommend if you want to know more, you check out their website or give them a call.
Hopefully this has added value and given you guys a little bit more about, I guess, where we've come from and where we're going.
Any property questions: Empire Legal - reach out to us.
We'd love to help or point you in the right direction.
Thanks guys.
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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.