November/ December 2023 Industry update
Quick links below for upcoming training and education events.
PME one day special events (realestateexcellence.com.au)
PME half day events held throughout Queensland (realestateexcellence.com.au)
15th December 2023 - RTA releases Compliance and Enforcement Action Plan 2024
The RTA has today published its Compliance and Enforcement Action Plan 2024, which aims to provide the Queensland renting community with further clarity on our priority enforcement areas and actions.
As an experienced regulator, the RTA acts in the public interest to support and protect Queenslanders by addressing issues of alleged non-compliance with the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) in a timely, informed and consistent way.
Regulatory compliance remains a core strategic priority for the RTA, and we will continue to work with stakeholders across the Queensland renting community to share our progress and seek feedback on how we can continue to support them in their work and ensure compliance with the Act is upheld.
New and trending breaches of the Act that will be prioritised in 2024 include:
- rent increases within the 12-month period
- non-compliance with repair orders
- unlawful entry
- breaching agreement terms
- providing false and misleading information
- rent not offered at a fixed amount
- non-lodgement of bond.
The RTA takes enforcement actions that are proportionate to the severity of the breach, public interest and community impact. Enforcement outcomes include:
- Notice of non-compliance – may be issued where there is no history of non-compliance, where it is an isolated instance or other mitigating circumstances apply
- Penalty infringement notice (fine) – generally issued where legally possible and where there is repeated non-compliance and deliberate or potential harm caused
- Prosecution – pursued for serious matters or systemic non-compliant conduct and litigation is in the public interest.
In partnership with other Queensland Government agencies and regulators, the RTA will also continue to drive referrals and share insights to identify trends and inform future legislative changes.
Sourced from the RTA website. RTA releases Compliance and Enforcement Action Plan 2024 | Residential Tenancies Authority
7th December 2023 - Email sent to our FREE Industry Mailing list - Subject line Industry update / Natural Disaster ready - information to assist if needed - Podcast recorded 12th December 2023 Advice for FNQ Property Managers Cyclone Jasper. A new Property Management Excellence PME - Stacey Holt podcast. Listen here.
Good afternoon,
RTA Guides (links below)
- Natural disasters fact sheet
- Step by step guide for Queensland tenants impacted by natural disasters
- Step by step guide for Queensland property managers/owners impacted by natural disasters.
TERMINATION OF RESIDENTIAL TENANCY IN QUEENSLAND – where application for termination of residential tenancy filed – where ground was failure to leave – where failure to leave a statutory cause of action – where handover day in Form 12 Notice to leave fell on a Sunday – where Applicant filed application on Monday following – whether complete cause of action had accrued – whether obligation to leave extended by operation of law to midnight on the Monday – whether application filed prematurely – whether section 293 of Residential Tenancies and Rooming Accommodation Act 2008 (Qld) prescriptive – whether section 38 of the Acts Interpretation Act 1954 (Qld) prescriptive – whether invocation of section 61 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) available – whether premature filing of application merely procedural
Read the case at the following link Coastlink Property Services Pty Ltd v Chapman and Anor [2023] QCAT 452 (sclqld.org.au)
28th November 2023 - Effective cause of sale
Real estate commission disputes can cause significant delays in property transactions and strain relationships between agents, buyers, and sellers.
Most Real estate commission disputes are contested and disputed on 2 issues:
- Whether the agent was the effective cause of sale and
- Whether the appointment is effective
Frequently a third party enters into an agreement to buy a property and the owner disputes the agent was the effective cause of sale.
In the recent decision of Sunshine Group Australia Pty Ltd v Trappando Pty Ltd [2023] QCA 214, these issues arose and the agent was successful.
Read more here.
14th November 2023
QCAT average time for hearings as at time of latest reporting period 30 June 2023. Sourced from the QCAT website.
1st November 2023 - 2024 - the year of potentially many changes
Compulsory CPD is coming for Queensland as per the email to Members of Real Estate Excellence on 31st October 2023. Real Estate Excellence Member Updates - At time of this post, the commencement date is not yet known. More is expected to be known in 2024. There will be a phase in period.
Stage 2 of tenancy law reform changes are expected as per the Queensland Labor Government agenda. Read more at RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au)
Property Law Act changes and amemdments commencement date is not yet known at time of post, but given it passed Queensland Parliament October 2023 (as per post Real Estate Excellence Industry Updates), the commencement date should be known in the near future, if not in 2024.
All of the above, plus more will form part as appropriate and advised in all upcoming Real Estate Excellence education and training events Training/Events (realestateexcellence.com.au)
Members of Real Estate Excellence (Membership services, benefits and options (realestateexcellence.com.au) will be advised of updates and more information via the Real Estate Excellence Member Updates service.
Listen to short podcast here.