The Queensland Residential Tenancy rules are changing. There are significant changes coming into effect on 1 October 2022.
We thoroughly recommend you contact your property manager to discuss how these changes may directly affect you and your tenants.
Some of the most critical changes relate to:
Ending Tenancies
• The grounds for ending fixed term and periodic
tenancies have changed – there are now a number of new grounds and some changes to existing grounds.
• The right of a lessor to end a periodic tenancy without grounds has been removed and from 1 October 2022, lessors can only end a periodic tenancy for specific prescribed grounds under the RTRA Act.
• There are new offence provisions and penalties if a Form 12 Notice to Leave is issued on grounds and limitations are not complied with.
• There are new grounds for a tenant to end a tenancy
within the first 3 months by application to QCAT for
false and misleading information given by a property manager or lessor about certain matters.
• Expansion of grounds for tenant’s right to issue Form 13 Notice of Intention to Leave.
• There are new grounds for the lessor to make a QCAT application to end the tenancy.
Pet Approvals and Refusals
• Properties can no longer be advertised as “no pets allowed”.
• Lessors must respond to pet requests within 14 days – or the request will be approved
• Lessors can only refuse a pet request on prescribed grounds, and they must give reasons to tenants for why they believe those grounds apply.
• Lessors can impose conditions on a pet approval in line with the prescribed requirements.
Maximum Spend Limit for Emergency Repairs
• Tenants and property managers are now able to arrange emergency repairs to be made to the property up to a maximum amount equal to four (4) weeks’ rent under their tenancy agreement (increased from two (2) weeks’ rent).
Nominated Repairers
• The Form 18a General Tenancy Agreement must identify nominated repairers and if they are the tenant’s first point of call for emergency repairs.
• There are new requirements for the tenant to contact the nominated repairer before arranging for another repairer to carry out emergency repairs.
Repair Orders
• New type of QCAT order introduced – Repair Order.
• Tenant can apply if property or inclusions need repairs that fall into the category of routine or emergency repair.
• Outstanding Repair Orders must be disclosed in
Form 18a General Tenancy Agreement.
• A property cannot be lawfully leased while a Repair
Order is outstanding.
Other Changes
• New procedure and requirements for changing locks.
• Expanded retaliation provisions related to repair matters.
• Domestic & Family Violence provisions.
• Minimum Housing Standards coming into effect on
1 September 2023 for new tenancies and 1 September 2024 for existing tenancies.
• New provisions for the death of a sole tenant and co-tenant.
• Entry condition reports.
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