April/May 2023 Real Estate Excellence Member update
Have your say - tenancy law reforms Stage - Consultation closes 5pm 29th May 2023 Visit Stage 2 rental law reform | Your Say | Queensland Department of Communities, Housing and Digital Economy (chde.qld.gov.au)
Real Estate Excellence RTRA Act review link here.
Queensland Property Managers, a video for you. View here. Listen to the podcast submission stage 2 tenancy law reform Real Estate Excellence here.
May 2023 Member update
If a tenancy agreement is signed prior to 1 July 2023 but commences after 1 July 2023 and contains a ‘rent increase’ (but it has been less than 12 months since the tenancy started with the rental amount or the rent was increased), then the rent increase will not apply. This is regardless of what date the agreement was signed by the tenant and owner/property manager.
We understand that in some situations, it may be business practice to have renewal agreements signed early, however if owners/property managers have renewals of this nature that will not be compliant, they should enter into a new tenancy agreement which corrects the rental amount to the amount payable under the current agreement. This newly signed tenancy agreement will then replace the existing agreement, regardless of whether the term is the same or not, providing the start date remains the same.
In the unlikely situation where a tenant refuses to negotiate and/or sign a new tenancy agreement, the owner/property manager must not enforce the higher rent amount. The owner/property manager should confirm in writing to the tenant that the previous rental amount will apply. Please note, the RTA cannot provide legal advice on individual cases and owners/property managers/managing agents should seek their own independent legal advice".
Members of Real Estate Excellence, Membership services, benefits and options (realestateexcellence.com.au) please email us if we can assist any further. Non- Members, please contact your preferred advisor, or the RTA.
15th May 2023
"From 1 July 2023, changes to limit rent increase frequency to once every 12 months will come into effect for all new and existing tenancies.
Any rent increase after 1 July 2023 will only be valid if it has been at least 12 months since the previous rent increase. More frequent rent increases written into tenancy agreements prior to 1 July 2023 will not apply.
The rent increase frequency changes apply for the duration of the tenancy if at least one tenant or resident is the same when the agreement is renewed.
Once these changes come into effect, it will be an offense under the Residential and Rooming Accommodation Act 2008 (the Act) to increase the rent more frequently than once every 12 months".
Rent increases which meet current requirements and come into effect before 1 July 2023 will still apply.
From 1 July 2023, the rent increase frequency changes will apply to all new and existing tenancies. Any rent increase will only be valid if it has been 12 months or more since the last increase. More frequent rent increases written into tenancy agreements will not apply after this date.
Example 1: Tenants moved into a rental property in December 2022 and signed a 12-month agreement, which included a clause to increase the rent in June 2023. This rent increase still applies because it comes into effect before the 1 July 2023 changes.
Example 2: Tenants moved into a rental property in February 2023 and signed a 12-month agreement, which included a clause to increase the rent in August 2023. This rent increase is invalid because it comes into effect after 1 July 2023 and it has been less than 12 months since the last rent increase. The rent cannot be increased until February 2024.
Example 3: Tenants moved into a rental property in February 2023 and signed a 24-month agreement, which included a clause to increase the rent in February 2024. The February 2024 rent increase will still apply, because it will be 12 months since the last rent increase
Emailed 17th May 2023 to Mailing List.
A best practice template for lessors, and tenants is now at Member online. Platinum PME and Platinum NON PME member offices, these are available as part of your Membership services benefit at Folder 17, and Latest Member update folder, 1 July 2023 new laws. Or please email us if we can assist.
10th May 2023
Rent increase frequency changes for Queensland July 1, 2023. View short video here.
2nd May 2023
Version 2 of the July 1 new laws best practice guide has been released at Member login (realestateexcellence.com.au). Login to review the updated version, and or email us as part of membership services to receive. The updated version will be emailed to Members on the 9th May 2023.
Version 2 includes a Q and A from the RTA and other minor improvements. Login and go to latest member updates folder - April 2023, and or new folder called 1 July new laws.
Rent increase frequency law changes and May 2023 Real Estate Excellence Member update. A new Property Management Excellence PME - Stacey Holt podcast. Listen here.
23rd April 2023 - July 1 new tenancy law changes
A detailed best practice guide on all the new and amended laws from July 1 will be uploaded to Member login - latest member updates folder - April 2023, and emailed to Members on Monday 24th April 2023. The best practice guide for Members covers the rent increase time limit laws, breach of agreement ending agreement early (break lease) and change of shared tenancy scenarios. The amendment to section 277 ending of tenancies provision is also included, and more, including a lessor template in word version to send to clients. This update is the May 2023 member update.
21st April 2023 - An important video for all Property Managers
View here. Update EDIT 4.25pm The elusive Bill has been found! Thank you to a member who has sent this link - view the amendments passed to commence July 1 here.
19th April 2023
An "As it Happens" special member update emailed to Members regarding the rental increase law changes. Subject line of email "As it Happens - Real Estate Excellence Member update - rent increase law changes". The special update is also available at Member login - latest member updates folder - April 2023.
13th April 2023
The April 2023 Member Update is at Member login from 14th April (latest Member update folder, then April 2023). The Member update will be emailed to Members on the 18th April. The contents are below. Listen to short podcast here.
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Contents of the Real Estate Excellence Member Update |
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Real Estate Excellence – PME training events |
2 |
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Property Management Update Rent increase tenancy law changes. Minimum Housing Standards and Body Corporates Minimum Housing Standards from the RTA QCAT online lodgement now available |
4 4 8 10 |
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Licensee, Sales, and Administration Update Seller disclosure – proposed amendments to Property Law Act Anzac Day laws for agencies |
11 13 |
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QCAT case of the month Where landlord applied for warrant of possession seeking an order of termination of the tenancy for failure to leave – where order was granted and warrant for possession issued at first instance – where tenant has applied for leave to appeal the decision and in the interim stay the decision pending outcome of the appeal – whether a stay should be granted. |
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Lessor newsletter template of the month Minimum Housing Standards and Body Corporate Minimum Housing Standards from the RTA |
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