Membership, training, private training services for the Queensland Real Estate industry.

Industry Update June / July 2022

June/July Industry update 2022

23rd July 2022

With the release of the RTRA amendment regulations on 22nd July (which will amend the approved Form 18a upon commencement of the new laws), attendees of our two events so far around the state will receive an email with an update to the training (Rockhampton and Gladstone). 
With the rest of the state training happening over the next few weeks, the updates have been added.
Members of Real Estate Excellence. The lessor and member best practice guide regarding pet laws has been updated with the new regulations released. Plus the August Member update includes them.

15th July 2022

Form 12 with a lease renewal? 
We have often been asked over the years via our best practice membership support services of a Form 12 can be issued at the same time as a lease renewal offer to a tenant. 

The short answer is yes, it’s lawful. The best practice answer in our opinion is it’s not recommended. 

The question is coming up a lot more of late, particularly with the removal of without grounds notice from October 1, 2022. I discuss this matter during my training events currently being held throughout Queensland www.realestateexellence.com.au/trainingevents 

There’s a human at the other end of this process. People first is a mantra I believe our industry should always focus on. 

Best practice recommendation is to not give a Form 12 when offering a new lease renewal agreement contract. Unless the lessor client has instructed the agency to do this practice, of which the agency could recommend that it not be done this way. 

Provide the tenant a date and time to return the offer, and then if not returned, follow up promptly. If the tenant does not respond/ return, advise the lessor. Give the lessor the option of continued negotiation with the tenant, or a notice to leave end of fixed term agreement 2 months which is a new ground from October 1. Without grounds until September 30.  Most lessors want a fixed term agreement as opposed to periodic due to many reasons. Insurance being one of the reasons. 

Issuing a Form 12 with a lease renewal could be seen as an intimidating, threatening and even an unconscionable practice. It could also lead to increased dispute and professional relationship breakdowns.  This is a Real Estate Excellence best practice view and opinion. 

Good best practice systems, follow up, communication (which is always key) and a culture of people first always is all that’s needed to do this practice.

1st July 2022

QCAT's fees and charges have increased

QCAT's fees and charges increased on 1 July 2022  in line with the Government’s indexation policy. Please visit our Fees and Allowances page for further details.

1st July 2022

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

Feedback sought on new seller disclosure scheme

The Palaszczuk Government’s plan to empower buyers to make informed decisions about purchasing freehold land is open for community feedback.

Attorney-General and Minister for Justice Shannon Fentiman said selling and buying a property is the biggest financial decision many Queenslanders will make, so it is vital that we have the best possible process in place.

“The Palaszczuk Government has drafted a bill to implement a seller disclosure scheme in Queensland to ensure buyers can efficiently and transparently access the information they need to make better informed decisions about property dealings,” Minister Fentiman said.

“A seller disclosure scheme was recommended by the Commercial and Property Law Research Centre at the Queensland University of Technology following its review of Queensland’s property laws.

“The proposed scheme would make it mandatory, with limited exceptions, for a seller of freehold land to disclose relevant information to a proposed buyer in a single document along with any prescribed certificates.

“The prescribed certificates will include a specific ‘body corporate certificate’ which highlights important information for buyers about a lot that is for sale in a community titles scheme.

“A draft of the ‘body corporate certificate is also being released for consultation.

“Sellers are currently required to comply with a complex mix of common law, statutory and contractual obligations.

“The new seller disclosure regime will simplify and streamline these requirements.

The Attorney said industry stakeholders had already acknowledged the benefits of a statutory seller disclosure scheme.

“Consultation on the scheme is an important aspect of the Palaszczuk Government’s commitment to continue with the property law review and I welcome the community’s input,” Minister Fentiman said.

“Statutory seller disclosure schemes have been in place for a number of years in other jurisdictions.”

For more information about the public consultation into the proposed seller disclosure scheme is online.

The consultation will close on 31 August 2022.

24th June 2022 - Removal of without grounds for periodic and fixed term tenancies

From October 1, 2022. Queensland new tenancy laws. Listen to short podcast regarding below here.
 
Current section 291 Notice to leave without ground has been amended to reflect that lessors or agent are no longer permitted to give notices to leave ‘without grounds’ and must use an approved ground for residential tenancy agreements.
‘End of a fixed term’ has been introduced as a new ground for a lessor or agent to give a tenant to end a fixed term agreement. The heading for current section 291 is amended from ‘Notice to leave without ground’ to ‘Notice to leave for end of a fixed term agreement’. The effect is that a notice to leave for end of a fixed term must not be used in a way that constitutes taking retaliatory action against the tenant.
PME and Platinum  Members of Real Estate Excellence, at Member login (realestateexcellence.com.au), there's all you need to know about all the new laws including best practice guides, plus training events being held throughout Queensland shortly. Click here and scroll down to see what, where etc.

15th June 2022

Brisbane City Council to hike rates on short-stay properties like airbnb to tackle rental crisis

Brisbane City Council to hike rates on short-stay properties like airbnb to tackle rental crisis

By Lucy Stone
Property owners who list their homes for short-term accommodation in Brisbane have been warned: return your home to the long-term rental market or face a 50 per cent rates hike.

Key points:

  • Lord Mayor says council does not have exact data on how many short-term accommodation properties operate in Brisbane
  • The rates hike will not impact owners that only lease out a single room, granny flat or shared accommodation
  • Council plans to track short-term accommodation through data searches and resident reports

Lord Mayor Adrian Schrinner will hand down the LNP administration's $4 billion budget today and told ABC Radio Brisbane he hoped the measure would force more home owners to return their properties to the general rental market.

Mr Schrinner admitted the council does not have exact data on how many short-term accommodation properties operate in Brisbane, but said it was clear "thousands" of homes had been removed from the long-term rental market while Brisbane is in a housing crisis.

Brisbane's rental vacancy rate for May was just 0.6 per cent, he said.

Short-term accommodation data analysis company AirDNA estimated about 3,600 homes were currently listed on sites like Airbnb across the greater Brisbane area, including Ipswich and parts of Moreton Bay and Logan.

"If owners had these properties in the market for short-term, overnight stays – that is their choice, but what they'll be facing now is a 50 per cent increase in their rates.

"We don't want anyone to pay that, we want them to put those properties back into the rental market for long-term use."

The rates hike will not impact owners that only lease out a single room, granny flat or shared accommodation, but will directly target owners of entire properties listed for overnight stays.

 
The average annual rates bill for a non-owner occupied residential property in Brisbane for 2021-22 is $1,039, meaning owners who choose to pay the rates hike would be slugged an average of $1,558.5.

However, residential rates are tipped to rise in today's budget potentially increasing those fees again.

'We've had hundreds of complaints'

Noosa Shire Council this year introduced a $950 registration fee for short-term accommodation properties, amid a crackdown on short-stay properties in the region.

The Lord Mayor said the council planned to track short-term accommodation through data searches and resident reports.

"We've had hundreds of complaints in the last 12 months about these things popping up," he said.

"As you can imagine, a standard residential area gets turned into a mini-hotel overnight and different tenants coming and going every weekend, for example – these are things the people of Brisbane are letting us know already."

Sourced from Brisbane City Council to hike rates on short-stay properties like airbnb to tackle rental crisis - ABC News

 

Mailing List

Please let us know your name.
Please enter your suburb
Please enter your state
Please enter your email address.
Code: Refresh Enter the 4 digit code