31st March 2023 - ANZAC Day trading laws for Queensland Real Estate
Non-exempt shops must remain closed on Anzac Day.
Factories and shops (which includes offices) in Queensland are required to close on Anzac Day (25 April each year) with the following exceptions:
- real estate offices, which may open only for the purpose of rental transactions and must not sell real estate or conduct open house inspections
29th March 2023 - Rent increase law timeframe changes
Limiting rent increase to once a year is not yet law. The email sent to our FREE industry mailing list, social media posts on the 28th March, and as per my blog post 28th March 2023), is a media release from the Government.
It must go through Parliament etc. Before any changes to laws can be made.
The Courier Mail reported today, the 29th March, that it is expected to go into Parliament in April, with a possible commencement date of July 1. This is to be confirmed. We shall email Members as per the Member update service of progress and developments.
Rent increase limits to once a year coming for Queensland Podcast. A new PME podcast. Listen here.
28th March 2023 - Media release from Queensland Government regarding rental increase time frame law changes coming
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Media Release - JOINT STATEMENT
Premier and Minister for the Olympic and Paralympic Games
The Honourable Annastacia Palaszczuk
Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts
The Honourable Leeanne Enoch
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Rent stabilisation to give Queenslanders who rent a fair go
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- Government will limit rent increases to once a year
- $28 million boost for emergency housing relief
- $3.9 million for food and emergency relief
The Palaszczuk Government will limit rent increases to once a year to give a fairer go to Queenslander renters.
The move is designed to balance the rights and interests of Queenslanders who rent, and property owners, to sustain healthy rental supply.
Reducing the frequency of increases from six months to 12 months is also consistent with most other jurisdictions throughout the country.
It was one of several options for housing policy reform discussed at a Housing Roundtable in Brisbane today.
The Palaszczuk Government has today also announced an additional $28 million to continue the Immediate Housing Response Package for another year.
The extra funds will provide:
- More than 600 emergency hotel accommodation places across Queensland
- Rental and bond support payments to help tenants keep a roof over their head and food relief services help renters put food on the table
The government today also announced a further $3.9 million to extend and expand food and emergency relief throughout Queensland in 2023-24.
That includes $3.3 million to continue the provision of emergency relief supports, including vouchers, food parcels and contributions to payments such as electricity bills and $630,000 for SecondBite and OzHarvest to increase the food relief service they provide across the State.
Quotes Attributable to Premier and Minister for the Olympic and Paralympic Games Annastacia Palaszczuk:
“There are more than a million Queenslanders who rent their homes and every single one of them must be given a fair go.
“A fair go to pay rent they can afford and not be penalised for the cost of living situation all Australians find themselves in today.
“Our government will act immediately to place a limit on the number of rent increases that can be imposed on tenants each year.
“We will limit annual rent increases to just one.
“The great majority of landlords do the right thing and look after their tenants – but for those who do not, this is a wake up call.
“We must act and will act to deliver reforms that balance the rights and interests of Queenslanders who rent and property owners to sustain healthy rental supply.”
Quotes attributable to Minister for Communities and Housing Leeanne Enoch:
“The housing pressures we’re seeing aren’t unique to Queensland and are being experienced by all the States and Territories.
“As a growth state with a growing population, Queensland has a huge need for mousing – particularly more housing.
“We’re getting on with the job of building more social housing through a record $3.9 billion housing budget and our $2 billion Housing Infrastructure Fund.
“Since July 2021, when we announced our second Housing Action Plan, we have completed 816 new social housing builds under our QuickStarts program – with a further 588 currently under construction and more in the pipeline.
“That means that we have completed more than one new social housing home every day since July 2021.
“We’re on track to deliver 13,000 new social housing commencements by 2027 and we are also investing $166.3 million in specialist homelessness services in 2022-23.
“As a government, we will work with stakeholders to deliver more social and affordable housing, support tenants and tackle homelessness.”
Additional housing announcements made today, includes:
- $5.91 million to help unlock 5600 lots in Ripley Valley by delivering road infrastructure for the Ripley Valley Priority development area
- $600,000 to work with the Local Government Association of Queensland to develop 38 Local Housing Action Plans with Queensland local governments, on top of the 22 plans being developed with the Western Queensland Alliance of Councils.
- Land tax concessions for Build to Rent developments that provide a minimum affordable housing component
- Deliver a second QBuild Rapid Accommodation and Apprenticeship Centre in Far-North Queensland to further support delivery of state-of-the-art factory built homes for use as social and government-employee housing
- Launch an Opportunities Portal for proposals that have the potential to deliver new housing stock.
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23rd March 2023 - Email to the FREE industry mailing list
Subject line - "Rent caps coming" - not quite - poor choice of words by the Premier of Queensland
Good morning
As many, if not all are aware, as it’s been covered by all forms of media this week, the Queensland Premier said on Monday during a press conference, that they are considering rent caps.
The 48 hours after this statement have been crazy. I’ve posted updates across all my social media over this period, and yesterday, recorded a podcast. Listen here.
In essence, there are no rent caps coming at this point. The words were poorly used, or were a planned political distraction stunt. As mentioned in my podcast, the Deputy Premier came out on Tuesday to “clarify” what the Premier meant, no rent caps. And then yesterday, the Premier said we are looking at limiting rent increases to once a year, as opposed to the current law (S 93 RTRA Act) of 6-month allowable rent increases.
I’m writing you to ensure you know the clarification of above given the crazy week on media regarding this. As we know, our investors, and future investors we need, are hearing and seeing the same things. The last thing our industry needs a for investors to panic.
As many know, stage 2 of the tenancy law changes information is to come. Stage 1 began October 1,2022, which included the introduction of Minimum Housing Standards which commence September 1, 2023. Members, refer to the March 2023 Real Estate Excellence Member update.
The Government former “Housing Summit” first met last October. They are meeting on Tuesday to discuss above, and more. We will know more after this meeting.
It is expected that stage 2 of tenancy law reform will be known shortly as well. RTRA Act review - tenancy law reforms.
Real Estate Excellence Members, I am holding over the April Member update until mid to late April due to the above. We will continue to keep you informed as part of membership services.
22nd March 2023 - 'Rent caps?"
Rent cap? Queensland tenancies? Not quite …
A new PME Podcast. Listen here.
22nd March 2023 - Property Law Bill in Parliament
The Property Law Bill 2023 was introduced to Queensland Parliament on 23 February 2023 – if passed, its contents will effect some of the biggest changes in the Queensland property industry in almost 50 years.
What does it cover?
There are extensive changes – the Bill is some 226 pages long – but some of the most significant include:
The Bill introduces a new seller disclosure regime – it will require sellers to disclose information to buyers regarding property before the buyer signs the contract, including providing copies of certain searches. A buyer will hold new rights to terminate if a seller does not comply with these requirements. Currently, buyers undertake most of these searches and usually after a contract has been signed; and
Leases are also affected, with statutory requirements being introduced setting out how requests to assign (transfer) leases must be managed by landlords and the releasing tenants/guarantors from future liability after such assignments.
Who will it affect?
Sellers – anyone who is selling property will have a new process to go through before they can sell. The current preparation of a contract can, in many instances, be completed with reference just to a title search. Additional searches will be required to satisfy the requirements of the disclosure regime.
Real estate agents – it will require significant changes from how contracts are currently prepared.
Landlords – landlords will need to familiarise themselves with the new requirements when dealing with lease assignments and new requirements when issuing notices to remedy breach.
When will it become law?
It depends on when it is passed by Parliament – some industry bodies (like the Real Estate Institution of Queensland – REIQ) are advocating for significant change to the Bill – if successful, that may delay (and change) the Bill.
The team at Clifford Gouldson will monitor the passage of the Bill and advise clients when it becomes law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Source of above information here.
20th March 2023 - "Greens" Rent freeze amendment bill rejected by Queensland Parliamentary committee.
"Studies generally show that rent controls are not effective in improving housing affordability for renters and can lead to distortions in the rental market, which result in poor outcomes for tenants including reducing the stock of rental properties. While some incumbent tenants may experience benefits in the short term, they do so at the expense of new tenants, as landlords set initial rents higher to compensate for the erosion of real rents suffered during occupancy.3 That is, rental caps can result in a redistribution from new tenants to incumbent tenants. Additionally, rent controls may be poorly targeted and the costs likely to disproportionately affect young and low-income earners.4 The Bill would freeze rents but affect recurring costs on homeowners and landlords, and doesn’t plan for the decline in housing stock a freeze would inevitably bring. The Bill will discourage investment in an already competitive private rental market. It will confine and penalise lessors who are investing in that tight market by limiting their ability to set or increase the rental price for their investment properties aligned to the private rental market conditions. A price cap set below efficient levels will generally result in using alternative measures to increase price, or by reducing quantity or quality, or both. In terms of housing, the Productivity Commission reports that rent controls: reduce incentives for landlords to maintain and upgrade property reduce labour mobility and efficient use of housing stock, as renters remain in a wrong sized property, or to capped property". Sourced from Committee report. Read full report here.
8th March 2023 - QCAT's online portal for minor civil disputes - For use in Brisbane only
QCase is being rolled out across Queensland in stages and will ONLY be available for Brisbane-based cases initially. If you are outside of Brisbane, please continue to lodge and manage your case by using the appropriate forms.
QCase
QCAT now offers an online portal for you to securely file applications, referrals or documents electronically, view, manage and respond to your minor civil dispute case. This fully-digital case management system will make filing and managing your case easier and more accessible by allowing you to: view case information and documents 24 hours a day, 7 days a week; access via desktop, laptop, mobile phone, and tablet; receive case updates and notifications in real time; and lodge documents any time on any day of the week.
What can QCase be used for?
QCase can be used to commence a proceeding by filing an initiating application and supporting documents in the following case types:
QCase can also be used to file other non-initiating applications and other documents during the course of the proceeding. The parties can electronically file documents relating to existing proceedings if they have the relevant file number for the case.
QCase can also be used to monitor the progress of a matter as well as to review, access and print documents filed in a matter including sealed copies of documents.
Direct to above and more here.
23rd February 2023
New Property Law Bill introduced to Parliament
New legislation to replace Queensland’s outdated property laws has been introduced to Parliament today, including disclosure rules to make it easier for home buyers to know more about the property they are buying.
The new legislation has been developed to modernise property laws in Queensland with contemporary language that reflects current commercial practice.
The Property Law Bill 2023 will replace the current Property Law Act 1974, which has not been comprehensively reformed since it was introduced.
The Bill is based largely on the recommendations of the Commercial and Property Law Research Centre at the Queensland University of Technology (QUT), following its broad-ranging, independent review of Queensland’s property law.
The Bill will implement a statutory seller disclosure scheme in Queensland, broadly in line with the recommendations of the QUT’s Final Report: Seller Disclosure in Queensland (2017).
The new scheme will make it mandatory for a seller of freehold land to disclose relevant information to the buyer in a single document along with any prescribed certificates, including a body corporate certificate, where relevant.
The scheme will also prominently alert buyers to the need to undertake their own due diligence on flood information, and direct buyers to appropriate resources to access a property’s flood information.
Quotes attributable to the Minister:
“This is legislation that will most likely affect everyone at some stage of their lives when they own or deal with property.”
“Owning and dealing with property, establishing co-ownership arrangements, signing and enforcing lease agreements, and managing mortgages are major transactions that affect Queenslanders everywhere.”
“The Queensland Government is taking action to ensure our state’s property laws are modern and fit for purpose.”
“The new seller disclosure scheme will simplify disclosure for freehold land sales and empower buyers to make well-informed decisions when purchasing property.”
“The development of the Bill has been the subject of extensive consultation with stakeholders over several years, and I want to thank them for their ongoing involvement and valuable expertise.”
“In particular, I want to recognise the members of the QUT Research Centre, led by Professor William Duncan, Professor Sharon Christensen, and Associate Professor William Dixon, whose recommendations have guided the preparation of the Bill.”
Source Media Release
Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence
The Honourable Shannon Fentiman