January / February 2024 Industry Update
Quick links are also available below for the one day special events and half day Queensland events.
PME one day special events (realestateexcellence.com.au)
PME half day events held throughout Queensland (realestateexcellence.com.au)
23 February 2024 - Email to our FREE industry mailing list (Members, you are already included)
Good afternoon, forgive the Friday afternoon email,
Most would know the tragic news this week regarding smoke alarms via our social media and Real Estate Excellence Industry Updates
Below from the RTA just now.
Membership services, benefits and options (realestateexcellence.com.au) - Members, we are regrouping to consider more best practice and procedures given this terrible news and will form part of the March Real Estate Excellence Member Updates – in the near future, plus for the PME Property Management Excellence (PME) system (realestateexcellence.com.au) of which most members are.
Have you checked your smoke alarms?
23 Feb 2024
Property owners/managers are reminded of their obligations to install and maintain working smoke alarms in all Queensland rental properties to keep everyone who lives in the property safe.
Smoke alarm legislation for houses, townhouses, units and apartments is administered by Queensland Fire and Emergency Services (QFES). Learn more about your responsibilities as a property owner, property manager or tenant via the QFES website.
Starting a tenancy
Under Queensland rental laws, property owners/managers are required to ensure their rental property is safe and compliant with current health and safety laws and minimum housing standards. This includes installing, testing and maintaining smoke alarms that meet Queensland standards. Smoke alarms are listed as a reportable item in the Entry condition report (Form 1a), which records the condition of all Queensland rental properties at the start of a tenancy.
During a tenancy
Repairs relating to a non-functioning smoke alarm in a rental property may be considered emergency repairs, which provides options for tenants to have these addressed as a priority. Tenants are encouraged to report any faults or repairs as soon as possible to their property owner/manager to carry out within a reasonable timeframe.
Tenancy questions and reporting concerns
Queenslanders who have tenancy questions are encouraged to contact us.
The RTA encourages tenants and property owners/managers to try to resolve disagreements by working together. If a tenant has concerns about a potential breach of Queensland rental laws they can request the RTA investigate the matter to ensure compliance with the Act is upheld.
Resources to learn more
The RTA partners with industry experts and government bodies such as QFES to provide the Queensland renting community with practical and accessible information. Learn more via the resources below.
Have you checked your smoke alarms?
Property owners/managers are reminded of their obligations to install and maintain working smoke alarms in all Queensland rental properties to keep everyone who lives in the property safe.
Smoke alarm legislation for houses, townhouses, units and apartments is administered by Queensland Fire and Emergency Services (QFES). Learn more about your responsibilities as a property owner, property manager or tenant via the QFES website.
Starting a tenancy
Under Queensland rental laws, property owners/managers are required to ensure their rental property is safe and compliant with current health and safety laws and minimum housing standards. This includes installing, testing and maintaining smoke alarms that meet Queensland standards. Smoke alarms are listed as a reportable item in the Entry condition report (Form 1a), which records the condition of all Queensland rental properties at the start of a tenancy.
During a tenancy
Repairs relating to a non-functioning smoke alarm in a rental property may be considered emergency repairs, which provides options for tenants to have these addressed as a priority. Tenants are encouraged to report any faults or repairs as soon as possible to their property owner/manager to carry out within a reasonable timeframe.
Tenancy questions and reporting concerns
Queenslanders who have tenancy questions are encouraged to contact us.
The RTA encourages tenants and property owners/managers to try to resolve disagreements by working together. If a tenant has concerns about a potential breach of Queensland rental laws they can request the RTA investigate the matter to ensure compliance with the Act is upheld.
Resources to learn more
The RTA partners with industry experts and government bodies such as QFES to provide the Queensland renting community with practical and accessible information. Learn more via the resources below.
Source Have you checked your smoke alarms? | Residential Tenancies Authority (rta.qld.gov.au)
Upcoming training events reminder Training/Events (realestateexcellence.com.au)
Kind regards
Stacey Holt/ CEO
21st February 2024 - Property Owner charged failure to install smoke alarms
Warning. A very distressting story given the tragic loss of life. Property owner charged over fire that killed five children and father in Queensland. Failure to install smoke alarms. Read story here.
14th February 2024 - Meth testing of rental property.
12th February 2024 - PO Form 6 Changes to the appointment form are coming
From 1 May 2024, 2 separate forms—for residential and commercial property appointments—will replace the current single appointment form. You’ll need to use the new forms for new appointments from that date. It won’t affect existing appointments.
Sourced from the OFT website.
We will advise Real Estate Excellence members of more information via the Member Update email service, plus provide information during upcoming Training/Events (realestateexcellence.com.au). Listen to podcast regarding this blog here.
25th January 2024 - QCAT case - Tenant given notice to leave end of fixed term tenancy and did not leave. QCAT ponders whether the notice was a Human Rights law breach.
CIVIL LAW – CIVIL TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE – HUMAN RIGHTS – where the lessor’s agent applied to terminate a fixed term residential tenancy agreement under s 293 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (‘RTRAA’) based on a Form 12 notice to leave for end of fixed term agreement issued under s 291 of the RTRAA – where the tenant wished to stay in the residential premises for at least 6 months – where the tenant relied on various human rights under the Human Rights Act 2019 (Qld) (‘HRA’) – whether any of the human rights applied and to what extent – whether the Tribunal’s power to issue a termination order under s 340(2) of the RTRAA was enlivened – the factors to be taken into account in the exercise of the discretion – whether the Tribunal should exercise a discretion to terminate the tenancy and from what date. Read case at link below.
Vanilla Rentals v Tenant [2023] QCAT 519 (23 January 2024) (austlii.edu.au)
19th January 2024 - A PME podcast.
Air conditioner cleaning mould tenant and lessor obligations. Queensland Legislation references. A new Property Management Excellence PME - Stacey Holt podcast. Listen here.
How many routine inspections can we do in a year. Listen here.
Agent issues a Form 12 Notice to leave, tenant then issues a notice of intention to leave with a different date. Which notice ends the tenancy. Listen here.
3rd January 2024 - Queensland Real Estate changes likely to come into effect in 2024.
Compulsory CPD is coming for Queensland as per the email to Members of Real Estate Excellence on 31st October 2023. At the time of this post, the commencement date is not yet known. More is expected to be known this year. 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 amendments 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 soon.
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 will be advised of updates and more information via the Real Estate Excellence Member Updates service. Real Estate Excellence Member Updates