Industry Update

29th June 2021 - Lockdown for parts of Queensland - refer to Real Estate Excellence Member Update

29th June 2021 - Submissions close 13th July 2021. Listen to short podcast regarding below here.

Good morning, as advised to Real Estate Excellence Members yesterday via the Real Estate Excellence Member Update the submission date for the Labor Housing Legislation Bill and the Greens Tenants' rights Bill has been brought forward. 

Have your say on proposed rental law reforms - From the RTA - sourced from www.rta.qld.gov.au 

Queenslanders are encouraged to have their say on proposed rental law reforms for the state’s residential rental sector by 12 noon on Tuesday 13 July 2021. 

The Queensland Government has recently introduced the Housing Legislation Amendment Bill 2021 to the Queensland Parliament with proposed reform areas including:  

• ensuring all parties have appropriate approved reasons for all parties to end a tenancy 
• prescribing Minimum Housing Standards 
• options for people experiencing domestic and family violence to end a tenancy 
• frameworks for all parties to negotiate renting with pets. 

The Bill has been referred to the Community Support and Services Committee for detailed consideration. Queenslanders are encouraged to follow the discussion on this topic and have their say on the proposed changes through the Committee process by 13 July 2021. 

Dr Amy MacMahon MP, Member for South Brisbane recently introduced the Residential Tenancies and Rooming Accommodation (Tenants’ Rights) and Other Legislation Amendment Bill 2021 (Bill) into the Queensland Parliament. This Bill has also been referred to the Community Support and Services Committee. You can follow the discussion on this Bill and provide your feedback on the proposed changes through the Committee process by 12 noon on Tuesday 13 July 2021 (amended timeframe). Enquiries to the Member for South Brisbane can be made to This email address is being protected from spambots. You need JavaScript enabled to view it. or (07) 3724 9100. 

Making a submission

An information sheet with guidelines on making a submission on these Bills can be found on the Queensland Parliament website.

Written submissions can be emailed to This email address is being protected from spambots. You need JavaScript enabled to view it. or can be sent to:

Committee Secretary
Community Support and Services Committee
Parliament House
George Street
Brisbane Qld 4001

Documents relating to the committee's inquiries can be found on the inquiry webpages - Housing Legislation Amendment Bill 2021 and Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021.

28th June 2021 - Change to COVID restrictions - go to Real Estate Excellence Member Update

20th June 2021

Note the reference to open homes - More information to come Real Estate Excellence members Real Estate Excellence Member Update

JOINT STATEMENT

Premier and Minister for Trade

The Honourable Annastacia Palaszczuk
Minister for Health and Ambulance Services
The Honourable Yvette D'Ath

Economic Recovery Plan Roadmap to more eased restrictions

Premier Annastacia Palaszczuk has announced a further easing of restrictions that will allow more people into more places.

From 1am this Friday:

• Indoor venues can grow from one person per two square metres to three people per four square metres including hostels and B and Bs, an increase of 50%
• No limit on gatherings in homes
• No limit on outdoor places
• No restrictions on aged care, disability services and hospitals
• Self-service food is back

The Premier released a new roadmap detailing the changes.

“This is another example of how our strong health response is enabling our economy to come back faster,” the Premier said.

“The decision allowing the return of buffets and smorgasboards will free up staff allowing hotels to open more rooms in time for the school holidays.”

Health Minister Yvette D’Ath said the changes are largely made possible by the success of the Check in Queensland App that has sped up contact tracing.

The Minister said more venues will be required to use the app.

“Places like food courts, open houses, hairdressers, casinos, theme parks and caravan parks will be required to use the app,” Minister D’Ath said.

“Many have already recognised how easy and simple the app is.

“We will now require them to use it.

“It’s free, it’s easy and it helps us keep Queensland safe.”

Chief Health Officer Dr Jeannette Young said eased restrictions will also assist the music industry.

“They can have more people under the three per four square metre rule and dancing is perfectly ok,” Dr Young said.

“Industry plans can now be replaced with a standard checklist and that will just make life easier for everyone.”

19th June 2021

The Greens Bill mentioned on the 3rd June email and post below update. As per the emails and communication with Membership and PME system (realestateexcellence.com.au) there is now a Labor Government tenancy reform bill Real Estate Excellence Member Update.

3rd June 2021

Good morning,

As per the email to Real Estate Excellence members last week; Real Estate Excellence Member Update, and as most of the Industry would be aware, a bill has been introduced to Queensland Parliament to make amendments to the RTRA Act. As per my recent podcast and video, there are a number of proposals which will take some time to go through the Parliamentary process and may not pass to become law.

Many of the proposed amendments Introduced by a Greens member of Parliament are Labor Government policy either in Stage 1 or Stage 2 of the past review, RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au) and include removal of without grounds to end a tenancy agreement/contract, disclosure of certain matters by lessor prior to entering into a tenancy with a tenant, what cannot be asked on tenancy application forms, CPI rent increases and limiting time frames for increasing and more. View my short video here. Or, listen to the podcast here.

I will be discussing the above matters relevant to the topic in the upcoming PME special one day training events. The next one is Friday 11 June (next week) with registrations closing 4pm Monday 7th June. Membership and PME system (realestateexcellence.com.au)

Members, more information regarding the RTRA Act review is included as part of the June Real Estate Excellence Member Update and you will be kept informed of developments in relation to the proposed Bill.

Real Estate Excellence PME half day and special one day education and training events are presented by Stacey Holt. All upcoming events can be found here and or scroll down to review upcoming training events information.

Property Management Excellence PME one day special events

All special one-day events are 9am registration with 9.30am start and 3.30pm finish and include morning tea and lunch. They are held on a Friday to assist out of South East Queensland attendees who may wish to make a weekend away part of their education and training.

All one-day special events are held at the Kedron Wavell Services Club (Brisbane)

Friday 25th June | Form 18a, rent arrears, breaches and water
Detailed session outline, online registration, and investment can be found here

 

Friday 16th July | Break leases, lease renewals and rental properties for sale
Detailed session outline, online registration, and investment can be found here

 

Friday 6th August | Inspections, maintenance and entry
Detailed session outline, online registration, and investment can be found here

 

Friday 27th August | Ending tenancies lawfully and vacates
Detailed session outline, online registration, and investment can be found here

 

Friday 10th September | QCAT. What every property manager should know
Detailed session outline, online registration, and investment can be found here

 

 

19th May 2021 

Good morning,

Friday 11th June | Leasing and Binding the tenant lawfully to the agreement special day event is coming up. Please scroll down for more information.

There are many new Property Management Excellence PME podcasts available such as there is no notice period of 60 days, messaging is very dangerous, the owner lives next door; disclose or not? and more. Property Management Excellence PME podcasts - Search Stacey Holt or Property Management Excellence PME on your favourite platform to listen or Property Management Excellence (PME) Stacey Holt • A podcast on Anchor

Facebook page links

• Real Estate Excellence - Stacey Holt SHREE members  group
• Queensland member office private group here

Real Estate Excellence members instagram 

• @shreemembers Real Estate Excellence SHREE (@shreemembers)
  Instagram photos and videos

Leasing and binding the tenant lawfully to the agreement | One day special PME event - Friday 11th June 2021 | 9.00am - 3.30pm | Kedron- Wavell RSL Services Club (Brisbane).

About this event

This special one day event presented by Stacey Holt will cover the following;

• Advertising and promoting a property lawfully.
• Showing a property safely and lawfully .
• Processing applications, the law, best practice and risk management .
• Approving applications including what must be done before monies such as bond or rent are taken from the approved tenant.
• Declined applications and the Privacy Act.
• Binding the tenant lawfully upon acceptance including what documents are required to start the tenancy.

All Real Estate Excellence education and training events focus on compliance, risk management, best practice and time management.

Detailed session outline, online registration, and investment can be found here.

Book online or via email This email address is being protected from spambots. You need JavaScript enabled to view it. 

Email us name and email of attendee/s to save online booking fee which is charged on top of below investment. 

•  PME, Platinum NON PME, Individual person member per person - $199.
• Gold or Advisory member per person - $240.
• Non member per person - $275.

Dietary Requirements, workbooks, and tickets 

The training event includes morning tea. Please advise of any dietary requirements at least seven days prior to event by email to This email address is being protected from spambots. You need JavaScript enabled to view it. The workbook for the training will be emailed to registered attendees email address for printing or uploading to your device to bring to the event prior to the training day. Please bring your ticket on the day to register for the training.

 

Covid 19 requirements

All attendees will be required to register their attendance upon arrival and adhere to any Covid safe requirements specified by the venue.

 

More Property Management Excellence PME one day special events

All special one day events are 9am registration with 9.30am start and 3.30pm finish and include morning tea and lunch. 

They are held on a Friday to assist out of South East Queensland attendees who may wish to make a weekend away part of their education and training.

All one day special events are held at the Kedron Wavell Services Club (Brisbane).

Friday 11th June | Leasing and Binding the tenant lawfully to the agreement
Detailed session outline, online registration, and investment can be found here

Friday 25th June | Form 18a, rent arrears, breaches and water
Detailed session outline, online registration, and investment can be found here

Friday 16th July | Break leases, lease renewals and rental properties for sale
Detailed session outline, online registration, and investment can be found here

Friday 6th August | Inspections, maintenance, and entry
Detailed session outline, online registration, and investment can be found here

Friday 27th August | Ending tenancies lawfully and vacates
Detailed session outline, online registration, and investment can be found here

Friday 10th September | QCAT. What every property manager should know
Detailed session outline, online registration, and investment can be found here 

 

11th May 2021

Good morning - A tenancy agreement / contract is formed verbally, in writing or implied without a Form 18a in place.

With the rental market the way it is in most (if not all areas) of Queensland, pressure is increased for many. Increased pressure can lead to mistakes and human error which can lead to disputes. We are seeing via our best practice support advisory Membership services an increase in demand for assistance whereby tenants have been inadvertently accepted for the property through human error (use of automated systems etc).  The upcoming Leasing and binding the tenant lawfully to the agreement - One day special PME event will discuss section 12 of the RTRA Act regarding when a tenancy agreement contract is in place, and section 61 which then requires written agreements after the binding of the tenant.

Real Estate Excellence Members, Membership and PME system (realestateexcellence.com.au) we focus on above as part of the May Real Estate Excellence Member Update

 

29th April 2021

Silence is deadly, compliance isn’t

Published Today at 09:45 AM

28th April 2021

New strategy puts compliance and enforcement in focus for the RTA. From the RTA “ The Residential Tenancies Authority’s (RTA’s) Investigations Request Kit – now available online 24/7 – empowers customers to address and resolve their tenancy concerns by guiding customers through a short series of simple questions to recommend targeted support and resources.  

The 24/7 availability of this kit online via the RTA website also makes it more convenient for customers to report alleged breaches of Queensland tenancy laws for investigation in a timely way. ”  Read more here

 

21st April 2021

Good morning, as per my email on the 23rd March (copy below), as expected, the Covid tenancy regulations were extended.

COVID-19 Emergency Response and Other Legislation Amendment Bill 2021 - Introduced by:  Hon S Fentiman MP on 11/03/2021

Stage reached:  PASSED on 20/04/2021 Bill    Exp Note    Statement of Compatibility Explanatory Speech    Committee

The April 2021 Real Estate Excellence member update  has information regarding the extended laws. The member update can be downloaded at Member Online. The update was emailed to Members on the 14th April.  Please email us if you’d like the update resent to you. ANZAC Day laws and information for agents for Sunday and the Public Holiday Monday are included as part of the April Real Estate Excellence Member Update

Lest We Forget.

 

12th April 2021

Good afternoon,

I hope this note finds you well.  Scroll down to review the information from the RTA regarding rent bidding, renting sight unseen, tenant offering to pay more and more.

The Real Estate Excellence Member Update will be emailed to Membership and PME system (realestateexcellence.com.au) members on Wednesday is at Member online login (realestateexcellence.com.au) now to download. (Latest member update folder – April 2021.

Contents of the April Real Estate Excellence Member Update

Property Management Update Covid tenancy laws extended again – what are the laws? RTRA Act review update

Licensee and Administration Update ANZAC day and Real Estate trading laws – Lest We Forget Covid19 – Open homes, auctions, and Check in Qld app

QCAT case of the month

Lessor newsletter template of the month Discrimination in accommodation fact sheet – Human Rights Commission

Property Management Excellence (PME) system (realestateexcellence.com.au) version guide Login to www.realestateexcellence.com.au/memberonline and download/review the latest chapter version guide  or email usas part of membership support services. Download the quick chapter guide for PME (the 39 chapters) here.   Tips on how to use the PME system (includes the detailed chapter guide) here. The Sales Excellence manual is part of the PME system.

Disclaimer

From the RTA www.rta.qld.gov.au

With low rental vacancy rates and a high demand for rental properties across Queensland, the Residential Tenancies Authority (RTA) has collated answers to some commonly asked questions from customers. These will help all parties understand their rights and obligations at different stages of a tenancy, particularly around sourcing a rental property, rent payments and ending a tenancy.  

It’s important to note that the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), administered by the RTA, does not cover the rental application process and the RTA is unable to regulate fluctuating market conditions. 

Does a tenant need to see a rental property before signing the lease or agreement?

The RTA recommends tenants always inspect the property in-person before signing the tenancy agreement or paying any monies. Having a family member or friend inspect on their behalf, or coordinating with the property manager/owner for a virtual video inspection are also good alternatives. 

Prospective tenants should do their research and remain vigilant when searching for their next rental property. Common scams can include online classified ads or social media posts from people pretending to be real property managers or owners. These scammers mislead tenants into paying deposits or bonds for rental properties that are sometimes fake or unavailable addresses. Learn more top tips to safeguard your rental property search. 

Before any agreement is signed or any monies are paid, a copy of the proposed tenancy agreement must be given to the prospective tenant, allowing them time to review the agreement including any special terms and ask questions before committing to the tenancy. 

Is rent bidding allowed? 

Rent bidding is illegal. A rental property must be advertised at a fixed price and failing to do so is an offence. A property manager/owner must not advertise a rent range, put a property up for rent auction or ask for offers. 

Can a prospective tenant offer to pay more than the advertised rent? 

Yes – a prospective tenant can offer more than the amount advertised and the property manager/owner may accept their offer, but the property manager/owner must not ask for offers or advise applicants that other prospective tenants have offered a higher rent.  

Can a prospective tenant offer to pay three months’ rent in advance? 

Maximum rent payments a property manager/owner can ask for or require from a tenant is outlined in the Act, which is two weeks’ rent in advance for a periodic agreement, or one month’s rent for a fixed term agreement. If the tenancy agreement requires a tenant to pay the rent fortnightly, they may be asked to pay up to a fortnights’ rent in advance. 

A prospective tenant can offer to pay more rent in advance and the property manager/owner can accept their offer. Find out more about your rights and responsibilities around rent payments. 

Can the rent be increased during a tenancy? 

The Act specifies the requirements that must be met for a rent increase to occur, and also how often rent can be increased, which states: 

• Tenancy agreements must state clearly that rent may be increased, with the amount of increase, the new total provided or how the increase will be calculated. 
• Rent can only be increased if it has been six months since the last increase or since the start of the tenancy. 
• Property managers/owners must give tenants a minimum of two months’ notice in writing, stating the new rent amount and the date the increase takes effect. 

Even when entering into a renewal tenancy agreement, it must still be at least six months since the last rent increase.  

The Act does not specify how much rent can be increased by. The RTA encourages tenants and property managers/owners to discuss the proposed increase. If a tenant feels the rent increase is excessive, they should discuss this with the property manager/owner. If the tenants still feel it is excessive after the discussion, they must first accept and agree to the rent increase in order to dispute it through the RTA’s free dispute resolution service. 

Get some practical tips and strategies for navigating tenancy conversations and resolving issues. 

What if a tenant does not vacate after a Notice to leave has been issued? 

A tenancy agreement can only be ended in certain ways, such as when a fixed term agreement has ended and the correct notice has been given prior. If a tenant does not vacate the property after a Notice to leave has been issued and the notice period has expired, the property manager/owner can make an urgent application to the Queensland Civil and Administrative Tribunal (QCAT). 

If QCAT terminates a tenancy for a property owner, the tenant may have to pay compensation if the property owner has incurred a cost. These costs can include: 

• compensation for the property owner’s losses because the tenant didn't leave as they should 
• an occupation fee, similar to the amount of daily rent for each day the tenant stays in the property after the agreement has ended 
• any other costs the tribunal deems reasonable. 

It is up to the parties to agree on compensation owed. A non-urgent application to the Tribunal for an order about compensation may be made. 

The RTA encourages tenants and property managers/owners to communicate early and negotiate resolutions if there are challenges for the parties in vacating a rental property. Any mutually agreed changes to the tenancy should be documented in writing for both parties’ records. 

Support mechanisms for sustaining tenancies in the private rental market are available through the Department of Communities and Housing. 

 

1st April 2021

From 12pm (midday) AEST Thursday 1 April to Thursday 15 April:

• Mandatory mask wearing requirements apply for all of Queensland
• Additional restrictions for gatherings and businesses apply for all of Queensland.

Contact tracing alerts have been issued for locations visited in greater Brisbane, Gladstone, Gold Coast and Byron Bay.

Visitor restrictions are in place for aged care facilities, disability accommodation services, hospitals and correctional facilities.

 

Restrictions for Queensland

From 12pm (midday) AEST Thursday 1 April 2021 to Thursday 15 April 2021, restrictions will ease in greater Brisbane. All of Queensland will be subject to the same restrictions:

• you must carry a face mask at all times and wear indoors, unless you have a lawful reason not to
• gatherings in private residences (homes and accommodation) are limited to 30 persons in total
• you can leave your home for any purpose. You can travel anywhere in Australia. Please note other states and territories may have restrictions in place that prevent you from travelling to them
• visitors to aged care facilities, disability accommodation services, hospitals and correctional facilities are restricted across the state
• restaurants, cafes, bars and nightclubs can only open for seated eating and drinking, no standing allowed.
• Hospitality businesses must keep an electronic customer register.
• Customers must check into venues and provide their contact details in case we need to contact you.

Masks for Queensland

You must carry a face mask with you at all times when you leave home, unless you have a lawful reason not to.

• You must wear a mask in indoor spaces.
• It is strongly recommended you wear a mask when outdoors if you are unable to stay more than 1.5m distance from other people, such as busy walkways and thoroughfares.
• Masks do not need to be worn in some circumstances, including children under 12 years, if you have certain medical conditions, and in workplaces where it is not safe to do so.
• You can remove your mask to consume food or drink.

Read questions and answers about restrictions in Queensland.

Sourced from Businesses, activities and undertakings | Health and wellbeing | Queensland Government (www.qld.gov.au) 12pm 

 

30th March 2021 - Sourced from Queensland Premier Twitter account

 

29th March 2021 

5.50pm - QCAT 

 Changes to QCAT operations due to latest COVID-19 restrictions

Following the announcement of further restrictions in Greater Brisbane due to COVID-19, changes have been made to QCAT operations.

For the next three days, 29-31 March 2021, all hearings at QCAT’s Brisbane registry at 259 Queen Street will cease to be in person and will be conducted by telephone or rescheduled if this is not possible.

QCAT’s registry is still operating as normal, but please only attend in person if your matter is truly urgent. You must wear a mask if attending in person.

You can continue to contact QCAT by phone on 1300 753 228 between 8.30am to 3.00pm.

For QCAT matters held in Magistrates Courts in Greater Brisbane and the rest of Queensland, please contact your local courthouse for further information.

Sourced from qcat.qld.gov.au 

 

2.20pm  

Good afternoon, the Queensland Government have just updated the website I provided you this morning just now. Updated Real Estate Excellence Industry Update information below.  Members of Real Estate Excellence, please contact us if we can assist you any further.

2.20pm update from 9am update below

Reasons to leave home Greater Brisbane during the lockdown period

• Shopping for essentials, food and necessary supplies
• Medical or healthcare needs, including compassionate requirements
• Exercise with no more than one other person, unless all from the same household
• Providing care or assistance to an immediate family member
• Work, or volunteering, or study if it is not reasonably practicable to work or learn remotely
• Child custody arrangements
• Legal obligations
• Visit for end of life
• Attend funeral or wedding in line with restrictions
• In emergency situations
• To escape harm
• If you entered the impacted area responding to an emergency as an emergency health services or emergency service worker or national defence, state security or police officer
• If required to allow an essential service to occur such as the transport of freight in and out of Greater Brisbane
• You're directed to leave by an emergency health officer
• You have an exemption from the Chief Health Officer

Non-essential businesses, activities and undertakings

A person who owns, controls or operates a non-essential business, activity or undertaking in an impacted area, including operating at a private residence, must not operate the business, activity or undertaking, with limited exceptions.

• Cafes, pubs and restaurants no dine in customers – takeaway allowed.
• Boot camps and personal training to two people outdoors (including the trainer), with physical distancing observed.
• Social sport is permitted, such as golf and tennis, limited to two people outdoors, with physical distancing observed.
• Community facilities to remain open for the purpose of hosting essential voluntary or public services, such as food banks or homeless services. Community facilities may continue to operate if they provide formal out of school hours care. Physical distancing must be observed to the extent possible.
• Food markets and farmers markets to continue to operate.
• Real estate auctions and open house inspections to private appointments only.

 COVID-19 update | Health and wellbeing | Queensland Government (www.qld.gov.au)

 

9am 

Good morning,

You are most likely aware the Queensland Government have advised of a snap 3 day lockdown from 5pm today.

People will only be allowed to leave their homes for the four essential reasons. Food, care for someone, essential work and exercise. Essential work is not clearly defined, but a suggestion is if asked by Queensland Police and or Queensland Health compliance officer, you must be able to justify your work is essential.

Real Estate Excellence suggests moving to virtual inspections and showings where able and to cancel all face to face showings and inspections. Members of Real Estate Excellence, please contact us if we can assist you any further.

The Government has not yet updated their Covid website. Keep an eye on the website as needed for updates and or information you may require.

COVID-19 update | Health and wellbeing | Queensland Government (www.qld.gov.au)

 

26th March 2021 

Since QCAT commenced in December 2009, the industry has had many decisions and appeals published. During the recent Property Management Excellence (PME) half day training events that I presented throughout the state in February and March, we discussed QCAT appeals and decisions and used a repeated breaches appeal as a case study during the session. Thank you to many who attended the event held throughout the state. The final session was held in Cairns on Wednesday. The next training and education events will be the special one day events. More information  PME Training events (realestateexcellence.com.au)

A reminder for Real Estate Excellence members, all QCAT decisions and or appeals published are at Member online, Folder 30 as shown below. We also provide at least one QCAT case each month with the Member update service. Download the quick chapter guide for PME (the 39 chapters) here. Download the detailed chapter guide (for the 39 chapters) here. The Sales Excellence manual is part of the PME system. Please email us for any further advice or best practice support needed for this matter, and or any other matter.

 

Appeal case Mould

REASONS FOR DECISION The applicants filed an application for minor civil dispute – residential tenancy dispute in the Caboolture registry of the Tribunal on 21 December 2018. The applicants sought the sum of $14,390.97 being compensation for costs associated with moving from a rental unit at Deception Bay. The unit was leased to the applicants pursuant to a written tenancy agreement dated 20 April 2018. The term of the lease was from 23 April 2018 to 22 April 2019. The compensation sum is comprised of claims for the cost of furniture removal, emergency accommodation, emergency belongings, living costs, mould men invoice, rental overpayment, items purchased solely for the rental property, internet contract, storage fees overpayment, costs related to finding a home and lost interest. The applicants assert that the unit was uninhabitable because of mould and that on the advice of their doctor they vacated as a matter of urgency on 5 July 2018. The applicants terminated the lease on 17 July 2018. The matter was heard on 8 February 2019. The application was refused.

The Adjudicator made these findings:

(a) Mould was present in the unit during the period of the applicants’ occupation and was the cause of medical symptoms suffered by them. (b) Mould was reported to the property manager on 29 June 2018. (c) The first tenants in the unit and the tenants who took up occupation after the applicants, reported no evidence of mould. (d) There was no evidence of any water leak or water penetration from an exterior source which caused or contributed to the mould. (e) The property manager’s evidence as to the likely cause of the mould was accepted. The property manager’s evidence was preferred. (f) Based on the property manager’s observations, the likely cause of the mould was the result of the actions of the applicants in failing to open windows, open blinds and the like so as to ensure proper ventilation and air to penetrate the unit, so as to prevent the formation of mould. (g) In circumstances where mould has formed as a result of the actions of the tenants in failing to take reasonable steps, that is not a matter for which the lessor can be held responsible. The mould is likely to have grown due to an excess build up of condensation from a neglect to open windows, blinds and doors. (h) That is consistent with the mould having been found by the cleaner in the area near the window and windowsills. (i) In the circumstances, there has not been any breach by the respondent.

Download case here. Grey & Anor v Australian Rental Management [2020] QCATA 177

 

23rd March 2021 

Good morning

The Covid temporary regulations for tenancy came in to effect April 24 2020 and were due to end December 31 2020. They were then extended until April 30, 2021. There is a bill in Queensland Parliament for the tenancy Covid regulations to be again extended. Parliament is sitting for three days this week starting from today.  

The bill if passed (and no reason it should not be particularly given Covid is not over, and there is a majority Labor Government), the new date for the ending of the Covid tenancy regulations will be 30 September, 2021. Real Estate Excellence members, we shall advise you via the April Real Estate Excellence Member Update service confirming the extended date, and an overview of what laws remain in place. More information can be found at the RTA website regarding the Covid legislation. Members of Real Estate Excellence, be sure to email us for any best practice advice and or support. 

 

17th March 2021

Good afternoon

Good morning, Happy 1st March.

Rental property must be advertised and promoted for a fixed amount only. Listen to a Property Management Excellence podcast here.  The following best practice notes  are from Folder 04 of the Property Management Excellence PME manual (part of the PME system). Members of Real Estate Excellence, please email us if we can assist with any best practice advice on this matter, or any other matters as part of Membership services.  

Paragraph 4.2 Rent must be advertised at a fixed amount - The RTRA Act requires rent be advertised at a fixed amount (section 57). Words such as negotiable and price ranging are prohibited. Tenants may wish to make an ‘offer’ however,  property managers cannot encourage or solicit offers from prospective tenants. If tenants indicate they want to offer another price, property managers are encouraged to advise the tenant to ‘put their preferred terms forward’ and as the agent for the owner, the lessor will be provided all applications for consideration. Property managers should not discuss price (other than the listing price) with the tenant or any other party, other than the lessor.

57 Premises must be offered for rent at a fixed amount

(1) A lessor or lessor’s agent must not advertise or otherwise offer a residential tenancy for premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the premises.

Maximum penalty—20 penalty units.

(2) A lessor or lessor’s agent must not accept a rental bond from the tenant of premises if the residential tenancy for the premises was advertised or offered without stating a fixed amount of rent for the premises.

Maximum penalty—20 penalty units.

(3) A person does not contravene this section merely by placing a sign on or near premises advertising or offering a residential tenancy for the premises without stating the amount of rent for the premises on the sign.

Queensland Chief Health Officer update - Restrictions on Businesses, Activities and Undertakings Direction (No. 14).

Effective from 8am AEST 28 February 2021 - The purpose of this Direction is to outline restrictions for businesses under the COVID Safe Framework. The Direction has been updated so that:

• All businesses can now use the Check In Qld app to collect contact details from patrons.
• Businesses collecting information by other methods (electronic or paper based) must comply with the requirements for collection storage and supply.

This Direction replaces the former Restrictions on Businesses, Activities and Undertakings Direction (No. 13) made on 17 February 2021.  

The March 2021 Real Estate Excellence member update is now at Member online. The update will be emailed to members on the 3rd March.  The contents of the update  are below. The following chapters (folders) of the PME manual (part of the Property Management Excellence PME system have been updated and will be released at Member Online March 1,  2021.  (Click here  to review all the contents of the 39 chapters of PME).

 

12th February 2021 

New Property Management Excellence PME podcasts. There are now hundreds of short PME podcasts to listen on your favourite platform (Spotify, iTunes etc). All you need to do is search Stacey Holt or Property Management Excellence, and or listen here.

Recent podcast topics include the following;

• Do not knock on a tenant's door to give notice
• What should be disclosed to prospective tenants
• Lessor and Seller disclosure statements
• An overview of the PO Form 6
• Repeated breaches of tenancy. 

 

1st February 2021

20th January 2021

Good afternoon

We have seen as part of our Membership and PME system (realestateexcellence.com.au) support services, an increase in advice being sought regarding tenants refusing entry for lawful reasons such as inspections.  A reminder regarding one of the Covid tenancy regulation laws which has currently been extended until 30 April 2021 includes tenants right to refuse entry as per rules of entry. 

 

Entering a property

Keeping tenants, property owners and managers safe can help stop the spread of coronavirus. Ensuring the health and safety of tenants, property owners and managers is a priority during the COVID-19 pandemic.

The Queensland Government introduced new laws that ensure properties can still be looked after and tenants, property owners and managers can stay healthy and safe. 

During this time, it’s important that tenants, property owners and managers work together so we can make renting work for everyone.

It’s important all parties:

• follow public health directives and advice 
• communicate openly
• understand each other’s circumstances
• develop an acceptable solution
• document any decisions made.

If an agreement can't be reached you can request free dispute resolution with the RTA.

 

Tenants

During the pandemic, tenants can refuse entry to their home some circumstances such as:

1.     If they, someone else in their household or their property owner or manager are in quarantine and entry to the property would contravene a public health direction.

2.     If they or someone in their household is a vulnerable person who should limit their contact with other people, this includes:

• ­people aged 70 years and over
• ­people aged 65 years and over with an existing medical condition
• ­people with compromised immune systems or
• ­Aboriginal and Torres Strait Islander people aged 50 years and over with an existing medical condition.

If either one of the circumstances above applies and tenants refuse physical entry to their property manager or owner for non-essential reasons they must:

• allow a virtual inspection to take place or to take part in a video conference or 
• take photos or videos of your property to help monitor its condition or to allow viewings for sale or reletting
• tenants are not required to purchase equipment, applications or services to allow for a virtual inspection to occur, for example, cameras, phones or internet services.

 

Property maintenance and repair

Requirements for property owners and agents to conduct routine repairs and maintenance have been relaxed during the COVID-19 pandemic, but tenants can still request these if they or a household member are not subject to a quarantine direction and are not considered vulnerable, and public health directives are followed

Entry is permitted to respond to emergency repairs or to protect the premises from damage. Access must also be given for essential reasons to comply with existing legislation including monitoring smoke alarms and electrical safety switches.

ENTERING A PROPERTY FACT SHEET
Download (PDF 466KB) Current version: v3 Oct20

 Entering a property | Residential Tenancies Authority (rta.qld.gov.au).

The Residential Tenancies Authority (RTA) will launch a new Tenancy Dispute Resolution Web Service in late January. Property managers/owners and tenants will be able to use the new 24/7 service to request free RTA dispute resolution for either:  

More RTA to launch Tenancy Dispute Resolution Web Service | Residential Tenancies Authority.

 

11th January 2021

10.15am 

Queensland Health link with all information (to be updated after this morning announcement plus Q and A’s) here.

 

 

9th January 2021 

Can I move houses into/outside the lockdown area?

The QCAT registry is closed on Friday 8 January 2021 at 4pm. The QCAT registry is  open on Monday 11 January 2021 from 8.30am to 4pm. Please only attend the Brisbane registry in person if your matter is truly urgent.

All matters to be heard on Monday and Tuesday 11 and 12 January are adjourned to a date to be fixed.  Hearing arrangements for QCAT for Monday 11 January 2021 and Tuesday 12 January 2021.

On 8 January 2021 the Greater Brisbane was declared a COVID-19 hotspot with the enforcement of a 3-day lockdown commencing at 6pm on 8 January 2021, lasting until 6pm Monday 11 January 2021. As a consequence, all QCAT hearings listed on 11 and 12 January 2021 are adjourned to a date to be fixed. Sourced from www.qcat.qld.gov.au 

 

8th January 2021

10.30am  

I am a real estate agent – can I conduct open house inspections or auctions?

Greater Brisbane will go into lockdown for three days, while contact tracers work to ensure the UK strain of COVID-19 is not circulating in the community.

From 6pm tonight, Friday 8 January, until 6pm Monday 11 January people in the local government areas of Brisbane, Moreton Bay, Ipswich, Redlands and Logan will be required to stay at home except for the following reasons:

• Shopping for essentials, food and necessary supplies
• Medical or healthcare needs, including compassionate requirements
• Exercise with no more than one other person, unless all from the same household
• Providing care or assistance to an immediate family member
• Work, or volunteering, or study if it is not reasonably practicable to work or learn remotely
• Child custody arrangements
• Legal obligations
• Visit for end of life
• Attend funeral or wedding in line with restrictions

Masks will also need to be worn everywhere in those local government areas except if people are at home.

Cafes, pubs and restaurants will be open only for take-away service.

Funerals and weddings will be restricted to 20 guests.

All essential businesses remain open. If you need to leave Greater Brisbane for an essential purpose, such as to work, to return home or to access healthcare, you should limit your movements for those three days wherever you go.

Sourced from Greater Brisbane 3-day lockdown | Health and wellbeing | Queensland Government (www.qld.gov.au) 10.30am 08 01 2021

 

8th January 2021

8.45am Email to Industry Mailing list

Good morning,

Based on this information below, Real Estate Excellence - Stacey Holt advice is auctions, open homes and inspections  be cancelled in these areas for this period. The period could be extended.

I will continue to update the Real Estate Excellence Industry Update and social media.

Greater Brisbane will be entering a three-day lockdown, starting 6pm tonight.

MORE: Authorities worried UK strain of COVID-19 may be so infectious it broke through normal quarantine protocols - ABC News.

Coronavirus (COVID-19) | Health and wellbeing | Queensland Government (www.qld.gov.au)

People living in council areas of Brisbane, Logan, Ipswich, Moreton Bay, and Redlands affected.

Masks are mandated if you are leaving home for an essential reason.

 

7th January 2021

You may recall a Real Estate Excellence Industry Update email sent in August last year (below) regarding the then ‘new” RTA end of tenancy email service.  Refer below to latest RTA information regarding this service and more. 

The Residential Tenancies Authority (RTA) is streamlining its customer correspondence to make essential tenancy information easier to access for Queensland tenants and property owners/managers. 

The RTA’s review of existing correspondence – including automated customer notifications – will ensure all parties receive concise and practical information at key stages of their tenancy. 

Customers will benefit from smarter correspondence with clear education and information around common topics including starting and ending a tenancy, using RTA Web Services, accessing dispute resolution assistance from the RTA and much more. 

The RTA will work closely with sector peak bodies throughout the review.  

The existing RTA end of tenancy email to tenants is currently on hold while the review is underway. Automated correspondence around lodgements, refunds and other essential transactions will continue as normal. 

If you would like to provide feedback on how the RTA can improve its customer correspondence, we encourage you to This email address is being protected from spambots. You need JavaScript enabled to view it. with your suggestions by 31 January 2021.  

The above information has been sourced from www.rta.qld.gov.au

 

19th October 2020 past Real Estate Excellence Industry Update

Good morning,

I have received several emails from Real Estate Excellence members expressing thoughts and some concerns regarding the new RTA end of tenancy email service to tenants. The RTA advised industry they were going to start this service on the 10th August via the news part of their website and email.

If you and or your agency have any feedback for the RTA regarding this service, and or any other matter, I suggest clicking on this link and providing the feedback etc. www.rta.qld.gov.au/contact

The following information has been sourced from www.rta.qld.gov.au

 

End-of-tenancy email for tenants

As part of supporting the end-to-end customer journey, the RTA has today launched an educational email, which will be sent to all tenants listed on a bond when our records indicate they are six weeks away from their tenancy end date.  

This educational email will:

• remind tenants of their bond number, which is essential for transacting with the RTA
• provide links to valuable resources to help tenants navigate the process when a tenancy is coming to an end
• encourage tenants to update their details with the RTA
• ask tenants to update their end-of-tenancy date if they’ve extended their tenancy, which will allow the RTA to better predict when there will be increased demand for our services, and to plan our resources accordingly.

 

6th January 2021 

I refer to the QCAT website every business day to see if any tenancy related decisions or appeals have been published. Some decisions and appeals over the years have changed industry practice immediately. (Hence the Property Management Excellence (PME) system (realestateexcellence.com.au)  has to be updated at times to reflect any precedents).

QCAT began December 1 2009. All the decisions and appeals relating to tenancy are available at Member online login (realestateexcellence.com.au)  Folder 30 (QCAT folder). An appeal published today (Martin & Anor v Chadia Chalmers Realty Pty Ltd [2020] QCATA 164)  I thought would be of great interest and use to property managers and the industry relating to appeals. 

What is the context within which the Appeal Tribunal considers the grounds of appeal?

[2] An application for leave is not an occasion to re-try the case presented at trial, as if the latter were a mere ‘preliminary skirmish’.2 The tenants’ grounds of appeal alleging lack of justiciability, not being provided a transcript or audio, denial of procedural fairness and bias, ignoring “rules of equity”, non-acceptance of their evidence, together with challenging the learned Adjudicator’s findings do not align with the Tribunal’s mandate to conduct proceedings in a way that is fair, just, economical, informal and quick3 or established principle.4
[3] The Tribunal is not bound by the rules of evidence,5 and may inform itself in any way it considers appropriate.6 The Tribunal’s reasons are not to be scrutinised ‘with an eye keenly attuned to error’.7 The Tribunal must act fairly8 and according to principles of natural justice9 with as little formality and as much speed as matters permit.10
[4] An appellable error is not demonstrated by identifying other possibilities not mentioned or not apparently considered - the Tribunal may decide the case in a way that does not require the determination of a particular submission and therefore simply put it aside.11 The Tribunal may have unexpressed findings of fact.12 In determining whether to grant leave, the Tribunal will consider established principles including:
(a) whether there is a reasonably arguable case of error in the primary decision;13
(b) whether there is a reasonable prospect that the appellant will obtain substantive relief;14

1 Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 293, s 341.
2 Mataitani v North Shore Realty Sunshine Coast [2020] QCATA 154, [12] citing Coulton v Holcombe (1986) 162 CLR 1, 7.
3 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3(b).
4 King v ASIC [2018] QCA 352, citing with approval Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430.
5 QCAT Act, s 28(3)(b).
6 Ibid s 28(3)(c).
7 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593, [46].
8 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28(2).
9 Ibid s 28(3)(a).
10 Ibid s 28(3)(d).
11 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247, 269, 270.
12 Ibid 272.
13 QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41.
14 Cachia v Grech [2009] NSWCA 232

Source  Martin & Anor v Chadia Chalmers Realty Pty Ltd [2020] QCATA 164 (APL011-20) Member Hughes 8 December 2020.

 

5th January 2021

Happy New Year. Hoping this note finds you well. The RTA have updated the forms outlined below. Please find following the upcoming Property Management Excellence (PME) half day training events being carried out throughout Queensland. Many of the sessions are starting to book out so please register soon to avoid disappointment. Thanks for your interest and support. I look forward to seeing many of you soon.  A reminder Real Estate Excellence members regarding the December/January Member update – details here and scroll down to 5th December (or email us).

Forms for general tenancies – sourced from RTA website

FORM NAME	DOWNLOAD	VERSION
Domestic and family violence notice ending tenancy *UPDATED*	PDF	v3 Dec20
Domestic and family violence report *UPDATED*	PDF	v3 Dec20
Notice of lessor's intention to sell premises Form 10 *UPDATED*	PDF	v13 Dec20
Notice to leave Form 12 *UPDATED*	PDF	v18 Dec20
Notice of intention to leave Form 13 *UPDATED*	​PDF	v17 Dec20
Notice to vacate from mortgagee to tenants Form 19 * UPDATED*	PDF	v3 Dec20

Property Management Excellence PME training and education events

The half day Property Management Excellence (PME) training and educations events will be held in the areas as shown below (scroll down). Register for an event online at the link beside location below or email us This email address is being protected from spambots. You need JavaScript enabled to view it. name of attendee, email address, agency name for us to register you manually to save the online booking fee charged by the third-party provider. Please review requirements for Covid, dietary and more prior to booking. Refer below, and or contact us for more information.

The upcoming event will cover the following.

Stacey Holt from Real Estate Excellence will present this information and educational forum focusing on three main topics.

• Breaches of the tenancy agreement contract by tenants during the agreement and what all property managers need to know. This part of the study will include procedures, legislation, problem solving techniques and more.
• Smoke alarm laws now and from January 1, 2022. What all property managers should have in place ready for the amended new laws. This part of the study will include tips on educating lessors and receiving lessor instructions to upgrade the alarms plus authority to pay for the works carried out.
• RTRA Act review update. With the Labor Government re-elected, this part of the study will discuss what Labor wish to be changed in the tenancy law which was delayed in progressing due to Covid.

Investment for the half day education and training event 9.30am to 12.30pm including morning tea.

• PME and Platinum non PME Real Estate Excellence member office per person $70
• Gold and Advisory Real Estate Excellence member office per person $80
• Non-member office per person $144

 

Locations, Date, Venue and Registration details.

Bundaberg - 24th February at Sugar Country Motor Inn Bundaberg – Register online here.

Brisbane - 16th February at Kedron RSL  Chermside - Register online here (session fully booked with another session being held 19th March below).

Brisbane - 19th March at Kedron RSL Chermside - Register online here.

Cairns -  24th March at Shangri-La Hotel Cairns - Register online here.

Fraser Coast -  25th February at Hervey Bay Boat Club - Urangan – Register online here.

Gladstone - 11th March at Yaralla Sports Club Barney Point – Register online here.

Gold Coast  - 17th February  at The Club at Parkwood Village - Parkwood - Register online here.

Ipswich  - 19th February at  Brothers Ipswich  Raceview - Register online here.

Mackay -  3rd March at Ocean International Illawong (Far) Beach Mackay - Register online here.

Rockhampton - 10th March at Rockhampton Leagues Club  Rockhampton  - Register online here.

Sunshine Coast -  26th February at Oaks Oasis Resort Caloundra - Register online here.

Toowoomba - 18th February at Toowoomba Sports Ground East Toowoomba - Register online here.

Townsville -  16th March at Metropole Hotel South Townsville – Register online here.

 

Dietary Requirements, workbooks and tickets

The training event includes morning tea. Please advise of any dietary requirements at least seven days prior to event by email to This email address is being protected from spambots. You need JavaScript enabled to view it. The workbook for the training will be emailed to registered attendees email address for printing or uploading to your device to bring to the event prior to the training day. Please bring your ticket on the day to register for the training.

 

Covid 19 requirements

All attendees will be required to register their attendance upon arrival and adhere to any Covid safe requirements specified by the venue.

 

18th December 2020

18th December 2020

Sourced from the QCAT website.

10th December 2020

Queensland property industry training units - direct source here.

Download (198 KiB) (PDF)

Sourced from www.qld.gov.au/fairtrading December 10 2020

 

7th December 2020 

The Queensland Covid tenancy regulations have been extended (were due to expire 31 December 2020).

Meaning of COVID-19 legislation expiry day In an Act or statutory instrument, COVID-19 legislation expiry day means the earlier of— (a)30 April 2021; or (b)another day prescribed by regulation as the COVID-19 legislation expiry day.

Information is included in the Real Estate Excellence Member Update December 2020/January 2021 Member Update at Member Online as at 5th December, and will be emailed to you Wednesday. 

 

7th December 2020

Listen to a short podcast regarding the Queensland Real Estate Industry Covid Safe Plan here.

Queensland Real Estate COVID Safe Industry Plan 7 December 2020 Office of Fair Trading email  This year has been challenging for the real estate industry and many businesses throughout Queensland. As we move towards the end of 2020 and get used to the ‘new normal’, it is important to remain vigilant and be prepared to contain future outbreaks of COVID-19.  In order to achieve this, we have consulted with health authorities, representatives of peak property industry bodies and stakeholders to assist the real estate industry to develop the Queensland Real Estate COVID Safe Industry Plan.  Approved by the Chief Health Officer, the plan is a resource to help real estate businesses and professionals continue to operate under Queensland’s current COVID-19 restrictions. COVID Safe Plans will continue to be reviewed and updated in line with the easing of restrictions.  Businesses must continue to comply with general Chief Health Officer directions and requirements, such as observing physical distancing and collecting and keeping customer contact information.  Information on the most recent health directions including Businesses, activities and undertakings and Going out, travel, recreation and gathering in Queensland are available on the Queensland Health website.  If you have any questions regarding the Chief Health Officer directions and requirements, please call 134 COVID (13 42 68) or visit the Queensland Health website.

1st December 2020

Social media post - “For tenants, setting up a small temporary pool on the property may be tempting as the days warm up, but pool safety, compliance and approvals – including from the property owner –must always remain top of mind.”

Property owners and tenants are been reminded that temporary pools, such as those sold at hardware and department stores, must also comply with pool safety barrier laws.

Queensland Pool safety laws apply to pools and spas which can be filled with water to a depth of 300mm. Read more here.

 

 

30th November 2020

Social media post - Blinds, curtain cords and rental property Queensland

A reminder for the industry and investors due to a tragedy on the Sunshine Coast reported by the Courier Mail 30th November 2020. Read more here.

 

30th November 2020 

Good afternoon, the Queensland Labor Government have passed amendments and extended the Covid19 tenancy regulation regarding domestic violence, entry and maintenance provisions which were due to expire December 31, 2020. Please refer to below. The laws have not yet commenced but are expected to soon. Members of Real Estate Excellence, please refer to notes for you below. Non-Members please refer to your preferred industry advisor and or the RTA.

Real Estate Excellence Members, the December 2020/January 2021 Member Update was released last Friday 27th November at Member Online, , and has now been withdrawn. A version 2 will be released once the amended Covid regulations receive assent (commence). We shall release version 2 and confirm with you that the Covid19 tenancy amendments have passed and extended to April 31 2020 (to be confirmed).

When the Pandemic first began, the Queensland Government created the Covid-19 Emergency Response Act, which then allowed for many regulations for certain industries/sectors to also be created. Section 24 (below) was the relevant section for Residential Tenancies. You will see the changes to the regulations below. Please note these have not yet received assent.

 

COVID-19 Emergency Response Act 2020

24 Regulation-making power for residential tenancies and rooming accommodation etc.

(1)A regulation under this Act or the Residential Tenancies and Rooming Accommodation Act 2008 (the RTRA Act) may make provision for any matter necessary for responding to the COVID-19 emergency, including—

(a)to ensure rights, obligations and processes under the RTRA Act operate appropriately having regard to COVID-19 response measures; and

(b)to assist in achieving the objectives of COVID-19 response measures; and

(c)to support the Queensland residential rental sector during the COVID-19 emergency period.

(2)Without limiting subsection (1), a regulation may—

(a)impose a moratorium on evictions of tenants and residents during the COVID-19 emergency period; or

(b)alter the grounds on which notices to leave may be given; or

(c)enable particular disputes about unpaid rent to be conciliated by the Residential Tenancies Authority; or

(d)suspend a right or obligation under the RTRA Act in particular circumstances; or

(e)provide for applications to be made to, and decided by, a different entity to the entity provided for under the RTRA Act; or

(f)prohibit the inclusion of particular matters in a tenancy database within the meaning of section 457 of the RTRA Act; or

(g)amend a residential tenancy agreement or rooming accommodation agreement, including, for example, by—

(i)extending the term of the agreement; or

(ii)terminating the agreement; or

(iii)if there is more than 1 tenant or resident for the agreement—ending the interest of a tenant or resident in the agreement; or

(h)extend the application of particular provisions of the RTRA Act to additional persons.

(3)A regulation under this section may—

(a)be inconsistent with an Act or law, other than the Human Rights Act 2019, to the extent necessary to achieve a purpose of the regulation and this Act; and

(b)have retrospective operation to a day not earlier than 19 March 2020; and

(c)impose a penalty of not more than 100 penalty units for a contravention of the regulation.

(4)Without limiting subsection (3)(a), to the extent a person’s act or omission complies with a regulation made under this section that is inconsistent with an Act or law, the person does not incur civil or criminal liability under the Act or law for the act or omission.

(5)A regulation under this section must declare it is made under this section.

(6)This section does not limit a regulation-making power under the RTRA Act.

(7)If there is an inconsistency between a regulation made under this section and any of the following, the regulation prevails to the extent of the inconsistency—

(a)a provision of an Act or law, other than the Human Rights Act 2019;

(b)another regulation made under the RTRA Act;

(c)a standard term or special term of a residential tenancy agreement or rooming accommodation agreement.

(8)A regulation made under this section expires on 31 December 2020. (this has changed)

(9)The Statutory Instruments Act 1992, section 49(1) applies to the tabling of a regulation made under this section as if the reference to 14 sitting days were a reference to 14 days.

(10)In this section—

resident see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.

residential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 2008, section 12.

rooming accommodation agreement see the Residential Tenancies and Rooming Accommodation Act 2008, section 16.

tenant see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.

Amendment of s 24 (Regulation-making power for residential tenancies and rooming accommodation etc.) Section 24(8)— omit, insert— (8) A regulation under this section must be made before, and expires on, the COVID-19 legislation expiry day.

 

NEW section added

4A Meaning of COVID-19 legislation expiry day

In an Act or statutory instrument, COVID-19 legislation expiry day means the earlier of—

(a)30 April 2021; or

(b)another day prescribed by regulation as the COVID-19 legislation expiry day.

16th November 2020 - The following apply from 4pm 17th November 2020 - Queensland Health Officer direction COVID19 update

Questions about real estate from 4pm 17th November 2020

I work in the real estate industry; can I conduct an open house inspection on a property?

Yes, open house inspections are permitted. The agent must ensure that they limit the number of attendees to no more than one person per 2 square metres at a time.

The agent should ensure good hand hygiene and frequent environmental cleaning and disinfection is maintained during an open house inspection.

Given the close interaction involved, agents are required to keep a record of all guests’ contact information, including name, phone number, email address and the date and time period of patronage for 56 days (8 weeks) to assist with contact tracing if required.

The agent should ensure that physical distancing, hand hygiene and frequent environmental cleaning and disinfection is maintained during an open house inspection.

Can I go to an auction?

Yes, auctions are permitted but the auctioneer and agents must ensure that they limit the number of attendees to no more than one person per 2 square metres of space available for staging the auction.

The event should be staged in such a way that physical distancing is observed and all participants can stay at least 1.5 metres apart if possible.

Given the close interaction involved, agents are required to keep a record of all guests’ contact information, including name, email address, phone number, and date and time of patronage, for 56 days (8 weeks) to assist with contact tracing if required.

Sourced from www.qld.gov.au/health 16th November 2020

 

19th October 2020

Good morning,

I have received a number of emails from Real Estate Excellence members expressing thoughts and some concerns regarding the new RTA end of tenancy email service to tenants. The RTA advised industry they were going to start this service on the 10th August via the news part of their website and email.

If you and or your agency have any feedback for the RTA regarding this service, and or any other matter, I suggest clicking on this link and providing the feedback etc. www.rta.qld.gov.au/contact

The following information has been sourced from www.rta.qld.gov.au

 

End-of-tenancy email for tenants

As part of supporting the end-to-end customer journey, the RTA has today launched an educational email, which will be sent to all tenants listed on a bond when our records indicate they are six weeks away from their tenancy end date.  

This educational email will:

remind tenants of their bond number, which is essential for transacting with the RTA.

provide links to valuable resources to help tenants navigate the process when a tenancy is coming to an end.

encourage tenants to update their details with the RTA

ask tenants to update their end-of-tenancy date if they’ve extended their tenancy, which will allow the RTA to better predict when there will be increased demand for our services, and to plan our resources accordingly.

 

13th October 2020

Good morning,

As the industry is aware, the current Labor Government were very close to introducing a bill to make many changes to the RTRA Act after a lengthy consultation process. For more information regarding the consultation and proposed changes, click here.

We know we have a state election on 31st October. The LNP have communicated with me, and they do not support most of the Labor tenancy policies and future changes. To review the communication from the LNP, click here. It is expected that should Labor be re-elected, and once the Covid19 crisis eases, they will continue with the proposed changes which were paused due to the pandemic.

A reminder for Real Estate Excellence members regarding the October member update which included a 25 page overview of the Covid19 law changes etc., a lessor information guide regarding the laws and changes and more. Visit here for more information.

 

24th September 2020

Queensland is now the sole Australian state to not extend its ban on evicting residential tenants during the COVID-19 pandemic, with a new open letter signed by almost 40 peak bodies, unions and frontline community organisations urging the government to do so. Read more here.

22nd September 2020 - Watch short video on the changes that are coming and what we know here.

21st September 2020 - An updated September member update has been emailed to Members of Real Estate Excellence regarding the Covid tenancy regulation amendments. Latest Real Estate Excellence Member update here.

18th September 2020 - Real Estate Excellence members - please note I have withdrawn the September Member Update emailed to you and posted on member online 1st and 3rd September given the regulations will be updated. An updated September member update has been uploaded to Member online.  

1pm An update regarding the below video regarding the Covid tenancy regulations - the Covid 19 tenancy regulations will be amended. View short video here.

7am View a video explaining the 17th September post here.

 

17th September 2020

Good afternoon, you most likely have heard, seen etc. the media and other reports regarding ending of the rent eviction moratorium etc.

In early August, I began preparing my membership best practice guides for the end of September. This is when I first became aware of the issue before us come September 29.  How can a notice to leave for rent arrears be given to a tenant for rent given that a notice to remedy breach cannot be issued first under section 11 (2)?

(Please keep reading for further explanation as to why).

I contacted the RTA mid-August regarding my questions and concern and we met.  At no point did the RTA state my thoughts were incorrect, nor explain the lawful way a notice to leave for unremedied breach rent arrears could be given post September 29.

I have emailed the RTA just now seeking urgent clarification. I am emailing you in good faith and transparency given my recent advice.

Section 8  of the Covid regulations states ‘relevant period means the period starting on 29 March 2020 and ending on the earlier of the following days—

(a)29 September 2020;

(b)the last day of the COVID-19 emergency period.

My initial thought is September 29 is the earlier period (December 31, 2020 is the last day of the emergency period), however, section 11 (2) states ‘2)The lessor must not give the tenant a notice to remedy breach under section 280 of the Act but may give the tenant a show cause notice for the unpaid rent’.

Given the above (and the law in full below), I cannot see how a notice to leave for rent arrears can be given as a notice to remedy must be given first.

Rent arrears, Section 8 and 11  of the Covid regulations.

Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020

Reprint current from 24 April 2020 to date (accessed 17 September 2020 at 14:32)

1. Part 2
2. Division 1
3. Section 8

 

8 Moratorium on evictions

(1)Until the end of the relevant period, a lessor or lessor’s agent must not evict a tenant for failure to pay rent as required under the residential tenancy agreement if the failure relates to the tenant suffering excessive hardship because of the COVID-19 emergency.

Maximum penalty—50 penalty units.

(2)Subsection (1) does not prevent a lessor ending a residential tenancy agreement under the Act—

(a)for any reason other than a failure to pay rent as required under the agreement; or

(b)for a failure to pay rent as required under the agreement if the failure was not related to the tenant suffering excessive hardship because of the COVID-19 emergency; or

(c)as a consequence of having given a notice to leave, or applying to the tribunal for an order terminating the agreement, before 29 March 2020.

(3)In this section—

evict, a tenant, means—

(a)give the tenant a notice to leave; or

(b)apply to the tribunal for an order terminating the residential tenancy agreement; or

(c)cause the tenant to vacate the premises by any of the following actions—

(i)coercing the tenant into agreeing to end the residential tenancy agreement under section 277(2) of the Act;

(ii)preventing the tenant from freely accessing the premises, including, for example, by changing the locks or intimidating the tenant;

(iii)causing the tenant to vacate the premises because of false or misleading information given to the tenant by the lessor or by another person on behalf of the lessor;

(iv)causing the tenant to vacate the premises because of acts of intimidation carried out by the lessor or by another person on behalf of the lessor.

relevant period means the period starting on 29 March 2020 and ending on the earlier of the following days—

(a)29 September 2020;

(b)the last day of the COVID-19 emergency period.

 

11 Unpaid rent—show cause notice

(1)This section applies if—

(a)the rent payable under a residential tenancy agreement has remained unpaid in breach of the agreement for at least 7 days; and

(b)the lessor knows, or ought reasonably to know, the tenant is or has been suffering excessive hardship because of the COVID-19 emergency.

(2)The lessor must not give the tenant a notice to remedy breach under section 280 of the Act but may give the tenant a show cause notice for the unpaid rent.

(3)If the tenant is given a show cause notice for the unpaid rent, the tenant must do either of the following within 14 days after being given the notice—

(a)pay the unpaid rent;

(b)inform the lessor the rent is unpaid because the tenant is or has been suffering excessive hardship because of the COVID-19 emergency.

(4)Despite subsection (2), if the tenant does not comply with subsection (3) the lessor may give the tenant a notice to remedy breach under section 280 of the Act for the unpaid rent.

(5)If—

(a)the tenant does not pay the unpaid rent within 14 days after being given the show cause notice; and

(b)the tenant informs the lessor under subsection (3)(b) that the rent is unpaid because the tenant is or has been suffering excessive hardship because of the COVID-19 emergency;

      the lessor may request that the tenant enter into a tenancy variation agreement with the lessor.

(6)This section overrides section 280 of the Act to the extent of the inconsistency between this section and section 280 of the Act.

(7)In this section—

show cause notice, for unpaid rent by a tenant, means a notice, in the approved form, stating all of the following—

(a)the tenant has not paid rent as required by the agreement;

(b)the amount of the unpaid rent;

(c)that the tenant must respond to the notice, or pay the amount of unpaid rent, within 14 days of receiving the notice;

(d)that, in responding to the notice, the tenant must state whether or not the rent is unpaid because the tenant is or has been suffering excessive hardship because of the COVID-19 emergency.

Also, section 35 and 37 are the provisions for the lessor to give notice for owner occupation and or property for sale/sold. The RTA advice as at today is that ends on 29th September. I have asked for clarification as to where it states in the Covid regulations that it ends at this time.   Read the laws here.

We still have over 2 weeks to get this right. Thank you.

 

16th September 2020

Good afternoon, as per the industry update on the 11th September, the Housing Minister has announced the information below.

Plus, since we last wrote, the following has been recorded. Listen to a Podcast regarding a notice to leave without grounds and Covid affected tenancies here.

 

Greater certainty paves way for return to rent normality

Published Today at 03:00 PM

Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport The Honourable Mick de Brenni

Several critical protections will stay in place to protect tenants as households continue to recover from the global economic impacts of the virus, Housing Minister Mick de Brenni said today.

These include:

• Protections for tenants from being listed in a tenancy database for unpaid rent caused by COVID-19 impacts;
• Tenants experiencing domestic violence being able to end their interest in a tenancy agreement quickly;
• Limited reletting costs for eligible tenants who end their fixed lease early;
• Entry restrictions and requirements that support social distancing requirements; and
• Relaxed repair and maintenance obligations that recognise impacts on lessors while maintaining tenant safety in the rental property.

"These remaining COVID-19 protections for property owners and tenants will remain in place until 31 December 2020.

"The freeze on evictions was important in the residential sector when movement in Queensland was much more restricted," the Minister said.

"Because of our strong health response, we've been able to keep the economy more open and we've already started delivering Queensland's plan for economic recovery.

"This includes supporting businesses because that means supporting jobs.

"As a result, we've seen Queensland's economy fare better than other economies."

The RTA's latest COVID-19 conciliation data shows that tenants and property owners had worked together to resolve 1,677 disputes since April.

The volume of calls to the RTA has significantly reduced since the start of the year.

"Our free conciliation service will continue," the Minister said.

"We've seen 70 per cent of all conciliated tenancy disputes successfully resolved within an average of just over eight days.

"I want to congratulate property owners, managers and tenants for working together at what has been a difficult time for all Queenslanders.

"With the Australian property market expected to continue to change over the next period, we're asking all parties to continue to work together.

"I'd like to thank the Real Estate Institute of Queensland, Tenants Queensland, QShelter, Queensland Council of Social Service, and the Residential Tenancies Authority for their continued dedication to ongoing advocacy for their constituencies, whether they are tenants, property owners or managers."

For more information on assistance from the RTA, please visit rta.qld.gov.au/renting/covid-19-changes, read the Residential Tenancies Practice Guide, or call the RTA's 24/7 COVID hotline on 134 COVID (13 42 68).

The COVID-19 Housing Security Sub Committee, established by the government to monitor and advise on temporary measures during the global pandemic, will continue to observe impacts on the residential tenancies sector and recommend actions to support Queensland households.

Sourced from statements.qld.gov.au 

 

16th September 2020

Listen to a Podcast regarding a notice to leave without grounds and Covid affected tenancies here.

 

16th September 2020

QCAT update - sourced from QCAT website and posted on Real Estate Excellence Facebook page. For more information regarding this change, visit here.

 

27th August 2020

Current public health alert for business activity (including for open homes and auctions) can be found here or Members email us please.

Good afternoon, 

The existing health alerts have not changed for Queensland agents and property managers regarding open homes.

Real Estate Excellence recommends members and industry to take extra caution and consider implementing additional procedures in reflection of recent events due to Covid19.

This may include best practice self-imposed restrictions of people entering property. 

 Current public health alert for business activity can be found here which includes information for agencies that began 24 July 2020. 

Real Estate Excellence members, please email us if your require any further support on this matter, or any other matter.

 

20th August 2020

Good morning, below are three free short training videos (each under 10 minutes in length). I hope you gain beneficial and of use.

• PO Form 6 – tips and reminders – view here.
• Form 18a – tips and reminders – view  here. 
• Form 1a – tips and reminders – view here.

A reminder Property Management Excellence (PME)system member offices – there are many training videos at member online to assist with staff training and development. 39 chapters make up the PME system. If we can assist you, please let us know. Thank you.

 

12th August 2020

Good morning,

As the industry knows, 29th September is a key date for two reasons. The rent eviction moratorium ends and the requirement to extend Covid19 affected tenancies which expired prior to 29th September to be extended until 30th September. Tenants Queensland in recent weeks have begun lobbying for an extension and have started a petition to Government to extend these matters until 31st December 2020. Read more here.  

Real Estate Excellence members, I recorded a podcast this morning regarding the September member update and comprehensive information coming to you soon. Listen here.

The Housing Minister has been quoted in a Brisbane Times article today stating “government would be guided by national cabinet about the temporary protections, set to expire on September 29”.

We shall advise the Industry and particularly Real Estate Excellence members accordingly of any developments.

A reminder for Platinum PME and Platinum non PME members regarding the many best practice guides regarding all you need to know regarding the Covid laws are available at Member Online, (view a short video here) or please email us if we can assist with any best practice support on these, and any other matter.  

 

4th August 2020

Good morning, we hope this note finds you well. We thought you and the team may benefit from the below information.

‪Growing the rent roll in uncertain times and some thoughts, plus tips for overcoming management and let fee objections.

‪Apologies for little jumping around of me at beginning of video! I’m not used to sitting down 🪑.... hope these thoughts assist. 9.30 minutes view  here.

Domestic violence and Queensland COVID19 tenancy laws video 8.30 minutes view here.

Platinum PME and Platinum non PME member offices. COVID19 resources at member online video 3 minutes view here.

August Real Estate Excellence member update podcast 2.30 listen here.  Valued members the latest member update is now available to download at Member Online and will be emailed to you Thursday 6th August.

Thank you.