An Update On Rental/ Tenancy Law Changes In Queensland
Sep 07, 2022
Rental/tenancy laws in Queensland are changing, and most reforms come into effect on 1 October 2022. Provisions for renters suffering from domestic/family violence are in effect from last year. But, the implementation of remaining reforms is phased over the coming three years.
These updates are welcome for renters in Brisbane and other Queensland regions, as most of them benefit tenants. Thus, if you plan to relocate to Brisbane or move within the city, you must know the reforms to have a successful tenancy. Moreover, understand the changes before you enter a lease agreement and book removalists in Brisbane to manage your move and make the process less challenging.
Thus, here is your complete guide outlining everything to know about
the rental/tenancy law changes in Queensland. Take a look.
What is the Housing Legislation Amendment Act 2021?
After lengthy deliberation and analysis by the Queensland Government since 2018, the Housing Legislation Amendment Act 2021 was enforced on 20 October 2021, which amends the Residential Tenancies Act and Rooming Act 2008 and The Residential Tenancies and Rooming Accommodation Amendment Regulation 2022. The new Legislative Act aims to do the following.
- Improve transparency during tenancies and end lease agreements fairly.
- Protect renters and residents suffering domestic and family violence by providing more certainty and clarity to manage their tenancies.
- Set Minimum Housing Standards for rental properties to reduce health and safety risks for the tenants.
- Help pet owners or people interested in getting a pet to reach a mutual agreement with property owners/managers to rent accommodation.
These changes are advantageous for renters, pet owners, renters suffering from domestic/family violence and tenants with periodic tenancies. However, the act also protects the interest of landlords/property managers to end tenancies without hassle, prepare the property for selling/renting, change the use of property and more.
Domestic & Family Violence Provision
After the COVID-19 lockdown and restrictions, providing better protection to residents suffering
domestic and family violence was necessary. During the time many renters lived in distress and reported higher cases of violence. Thus, specific temporary provisions were made during the pandemic. However, the new rental/tenancy law reforms make the provisions permanent and have been in effect since 20 October 2021.
After the update, tenants experiencing domestic abuse or family violence can end a lease agreement without fulfilling the usual financial obligations or tenancy requirements. They can terminate an agreement with seven-day notice and only pay the rent for those seven days. Furthermore, this provision allows the following things for an affected renter.
- Ensure safety at the property by changing locks.
- Protect the renter’s confidentiality
- Consider the changes for co-tenants affected by the violence as well.
Therefore, victims of domestic and family violence who need to move out of a rental property immediately can serve the notice to the landlord citing the issue, book good removalists in Brisbane to help move at short notice and avoid further aggravation.
Pet Ownership Provision
After the second phase of the Housing Legislation Amendment Act 2021 comes into effect on 1 October 2022, property owners/managers cannot use the blanket ‘No Pets’ policy. They need certain reasonable grounds to refuse to rent their property to a pet owner or someone interested in having a pet. Thus, if you are moving with pets, below are things to know.
- You need to inform the landlord you have a pet or intend to have one.
- The term ‘Pets’ is not restricted to cats and dogs. It includes a variety of animals such as guinea pigs, hamsters, birds and many others.
- There is a strict timeframe within which property owners/managers need to respond to requests for pets. If they fail to respond in time, the request is automatically approved.
- Damages to property caused by the pet don’t come under fair wear & tear. Also, tenants are liable for these damages.
A property owner/manager can refuse your request to keep a pet for the following reasons.
- The property is unsuitable for your pet(s) or ones you intend to own.
- The pet is venomous or an unacceptable threat to the safety and health of others.
- Having the pet beaches laws, park rules and by-laws.
- Lastly, the request for pets exceeds the reasonable amount of animals you can keep on the premises.
Moving house with pets is challenging even when the new provision favours pet owners. Therefore, make sure to choose the right removalists in Brisbane to handle your relocation. Also, don’t disrupt your pet’s routine and take care of their needs to move with it safely.
Ending a Tenancy Provision
This provision (effective from October 2022) is in favour of property owners as it allows them to terminate a tenancy when it is the end of a fixed-term agreement. Other grounds on which a lessor can end a tenancy when the decided time is over are listed as follows.
- Need to sell the property or prepare it for selling or renting with vacant occupation.
- The owner wants to move in or allow a family member to occupy the property.
- The property needs planned development, redevelopment or demolition.
- The tenant seriously breaches the by-laws, consent rules, park rules and other laws of the tenancy.
- Change the usage purpose of the property.
However, even if the landlord has reasonable grounds for terminating a lease contract, they can only do it when the fixed term ends and not before. Therefore, you can plan your move and book
cheap removalists Brisbane in time to avoid stress or hassle.
As for periodic tenancies, the reform prevents landlords from ending lease agreements by giving notice which was possible earlier. A tenant can still end a periodic tenancy after serving a notice of 14 days. While this provision allows more flexibility to the tenant, it can deter property owners/managers from leasing properties for periodic tenancies, as they don’t have a vantage point.
Minimum Housing Standards Provision
The third phase of reforms enforceable from September 2023 includes the minimum housing standards provision. The standards focus on safety, privacy and security at the rented premises. It prevents renting properties in inhabitable conditions and requires the performance of adequate repairs & maintenance for tenants to live without distress.
While many housing standards are already required for leasing a property in Brisbane, the new provision will introduce more stringent policies to discourage lessors from renting poorly maintained houses/units.
It means rental properties must have working locks on doors/windows, waterproof exteriors, some coverage on entry points etc. Additionally, the rental premises must be free of pests, mould, water damage and other issues.
Key Takeaways
After years of tenants in Brisbane and Queensland requesting favourable reforms, the Queensland Government introduced the above updates to rental/tenancy laws. Some changes are already in effect, while others will be enforced in the next three years.
Knowing about these changes is vital whether you are currently a tenant or plan to rent a house/unit in future. Therefore, properly understand the Housing Legislation Amendment Act 2021 to have a smooth tenancy. Also, hire professional removalists in Brisbane to
reduce the stress of moving for you and your loved ones.
