Frequently Asked Questions about the Rental Reforms
If you have questions about the recent rental reforms, formally known as the Housing Legislation Amendment Bill 2021, which passed through Queensland Parliament last year, you may find the answers to some of those questions here.
1. What are the changes to the Residential Tenancies and Rooming Accommodation Act (and Regulations) and when do they come into effect?
The Bill introduces the following changes to the law:
- Domestic and family violence protections – which started on 20 October 2021;
- A framework for all parties to negotiate renting with pets – which will start 1 October 2022;
- Approved reasons for ending a tenancy – which will start on 1 October 2022; and
- Minimum housing standards – which will start from 1 September 2023 for new tenancies and from 1 September 2024 for all tenancies.
2. What are my obligations as the agent in relation to information and evidence provided by the tenant about their domestic and family violence experience?
Section 308I of the RTRA Act contains provisions relating to confidentiality. It is essential to maintain safety and confidentiality in a domestic and family violence situation. Information provided by the tenant to meet the evidence requirements may be disclosed by the Landlord to the Property Manager or vice versa. It may also be disclosed to a lawyer while obtaining legal advice or otherwise as required by the law.
Generally, the information must not be disclosed to any other person. In particular, you must not disclose it to other tenant/s of the property even if they claim to have permission of the tenant. For further information visit the RTA Website www.rta.qld.gov.au or contact the REIQ Property Management Support Service.
If there is more than one tenant listed on the tenancy agreement, the tenant can request their bond contribution be refunded and remaining co-tenants must pay the bond balance if asked to do so. The Landlord/Property Manager cannot claim re-letting costs from a person experiencing violence where their interest in the tenancy has ended, nor are they liable for property damage caused by the domestic and family violence they have experienced.
3. If a tenancy is ended due to domestic and family violence, what happens with the security bond?
If there is more than one tenant listed on the tenancy agreement, the tenant can request their bond contribution be refunded and remaining co-tenants must pay the bond balance if asked to do so. TheLandlord/Property Manager cannot claim re-letting costs from a person experiencing violence where their interest in the tenancy has ended, nor are they liable for property damage caused by the domestic and family violence they have experienced.
4. If a tenancy is ended due to domestic and family violence and there is more than one tenant listed on a tenancy agreement, what is the requirement to inform the remaining tenant/s of their tenancy obligations and requirement to top up the bond?
The Landlord must give each remaining tenant a continuing interest notice no later than fourteen days but not earlier than seven days after the vacating tenant’s interest ends. If remaining tenants are required to top up the rent bond the due date must not be earlier than one month after the notice is given to all the remaining tenants. The continuing interest notice can be located here.
5. What are the amendments relating to the death of a sole tenant?
New section 324A, which is very similar to section 277 of the current RTRA Act, has had the “two week” timeframe amended to “14 days”. The Landlord/Property Manager and tenant representative can withdraw a notice so an end date for the tenancy can be agreed, or a day decided by the tribunal on application by the Landlord. If no notice is given the tenancy will end one month after the tenant’s death which is the existing timeframe.
Read the amendments here.
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