24th February 2022

Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts The Honourable Leeanne Enoch

Date set for remaining Stage 1 Rental Reforms to commence

Reforms to end no grounds evictions and make it easier for renters to have a pet will commence on 1 October 2022, following Governor in Council approval today. Minister for Communities and Housing Leeanne Enoch said this was the final step that gives life to the important Stage 1 Rental Law Reforms passed by the Parliament last year. “By ending no grounds evictions, renters and property owners now have more certainty about how and when parties can end their tenancy arrangements. “We have also made it easier for renters to have a pet by requiring owners to have a prescribed reason to refuse such a request,” Minister Enoch said. After moving through the required parliamentary process, Governor in Council approved a Proclamation fixing 1 October 2022 as the date for the commencement of the remaining provisions of the Housing Legislation Amendment Act 2021.  Minimum housing standards for Queensland rental properties will start applying to new leases from 1 September 2023 and to all rental properties from 1 September 2024. “Everyone deserves to live in a safe and secure home,” Minister Enoch said “The new minimum housing standards will help to ensure all Queensland rental properties meet basic safety, security, and functionality standards. “The domestic and family violence reforms came into effect on 20 October 2021 because it was important to act quickly to ensure that safety was a priority and that people experiencing domestic and family violence had options,” Minister Enoch said. “These reforms allow renters experiencing domestic and family violence to end their tenancy quickly with limited end of lease costs and change locks without the landlord’s permission.” Minister Leeanne Enoch said the sector now has firm commencement dates for all Stage 1 Rental Law Reforms with sufficient time to understand, prepare and transition. “I encourage renters and property owners or their agents to review their tenancy agreements to ensure they are ready for these reforms when they commence. “These rental law reforms give Queenslanders certainty in what is a very tight rental market that has been heavily impacted by people from southern states moving to Queensland and people returning from overseas. “About 34 percent of Queensland households rent and these reforms strike the right balance between the rights of property owners and renters,” Ms Enoch said. QShelter Executive Director Fiona Caniglia welcomed the reforms. “QShelter’s vision is that every Queenslander has a home,” she said. “These rental reforms are an important part of making sure all Queenslanders can make the place they live into their home, whether they rent or not. “Throughout the consultation process for the reforms, QShelter has advocated for changes to prevent no-cause eviction and to have pets allowed, which we know contributes significantly to quality of life and mental health. “We are pleased they were part of the first stage of reforms, and we have the certainty of a date for these changes to come into effect. “We look forward to public consultation for stage two of the reforms,” Ms Caniglia said. The reforms came about following extensive consultation in 2018 and 2019 in which 135,000 responses were received through the Open Doors to Renting Reform consultation, and more than 15,000 responses to the Regulatory Impact Statement. The Queensland Government is committed to continuing to improve renting in Queensland by progressing further reform in 2022. “The Queensland Government will continue to consult with industry, peak and representative groups and other key stakeholders during the second stage,” Ms Enoch said. Stage 1 Rental Law Reform Commencement Summary From 20 October 2021 Renters experiencing domestic and family violence: can leave immediately (after giving 7 days’ notice) and access any bond contribution they made will have break lease fees capped at 1 week’s rent are not liable for property damage caused by DFV any remaining co-renters can be asked to top-up the bond by the property owner or manager can change the locks to the property, without requiring owner’s consent, to ensure their safety must provide documentation to support their notice and property owners, managers and their employees must not disclose this information (except where permitted). From 1 October 2022 End without grounds evictions and provide additional grounds to end a tenancy, including the end of a fixed term agreement. A rental property owner will not be able to issue a notice to leave ‘without grounds’, which will provide renters with more certainty. If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Reasonable grounds include if the property is unsuitable, and if keeping the pet would breach laws or by-laws. Rental property owners can also place reasonable conditions on pet ownership, including that the pet is to be kept outside or that carpets are cleaned, and the property is fumigated at the end of a lease. A rent increase or bond are not reasonable conditions. The laws also clarify that fair wear and tear does not include pet damage. Establish minimum standards to require all Queensland rental properties meet standards for safety, security and functionality. This includes making sure accessible windows and doors have functioning latches, fixtures and fittings provided in the property are in good repair and do not present a safety risk with normal use, and properties are weatherproof and structurally sound. From 1 September 2023 Rental properties must comply with minimum housing standards when a new lease is entered. From 1 September 2024 All rental properties must comply with minimum housing standards

 

17th February 2022

Email received from ADL

ADL have today released new versions of our residential sales contracts in response to client requests - the main change dealing with settlement failure.

Key areas of change are:

• Settlement Failure Provisions
• Provisions for Electronic Transfer of Deposits
• Additional Smoke Alarm Provisions

Compliance

These improvements to the ADL Sales Contracts are as a result of client requests and the previous version of the Contracts were compliant with relevant legislation (including the relevant Smoke Alarm Legislation) and ADL confirms the new versions of the Sales Contracts continue to comply.

Settlement Failure - Extension Provisions

These new provisions have been added as a direct result of the recent well publicised case of a couple losing their deposit because their financial institution was not ready for settlement.

Our new Clause 12.3 (Settlement - Extension Provisions) has been drafted to cater for settlement failure because of failure or inability by:

• a relevant financial institution to comply with an instruction or requirement under either Clause 12.1 or 12.2, where such failure or inability does not arise due to any act or omission by a party; or
• an e-conveyancing platform provider, or user of such platform (including a party to the Workspace), to facilitate Settlement due to system or connectivity failure.

Such failure will result in an automatic 1 day extension to settlement. Where a 1 day extension has occurred, either party may, by notice to the other party, advise of an additional extension of up to, but no more than, 4 days.

Electronic Transfer of Deposits

A new Clause 3.4 (in respect of deposit payments) has been added as a result of client requests to allow the standard 2 business days delay for monies to arrive in a recipient's account, where paid electronically.

Smoke Alarms

Even though our previous version of the contracts were compliant with relevant smoke alarm legislation, we have added a new clause to clarify which party is responsible for compliance with the Fire and Emergency Services Act 1990 (and Regulations thereto) and how such compliance will be satisfied.

Refer House and Land Contract Clause 8.17 or Community Title Contract Clause 8.16.

Other Changes

Other changes have also been made to ensure greater clarity throughout the contracts. For full details of all changes made click on the links below:

House and Land Contract Changes

Community Title Contract Changes

To view a copy of each contract click on the links below:

House and Land Contract

Community Title Contract

1st February 2022

5 day extension to settlement now available in Queensland.

On 20 January 2022 the REIQ released new versions of its contracts for the sale of houses and apartments in Queensland. The new contracts contain a number of amendments. But most importantly they contain a new Clause 6.2 which gives either party the ability to unilaterally extend the Settlement Date for up to 5 business days.

This is a significant change as it will give both buyers and sellers the ability to extend the date for settlement for 5 business days if their bank is not ready to complete the contract on the due date. Previously the Settlement Date could only be extended with the agreement of both the buyer and seller.

There are, however, a couple of key points to note. Read more here.

 

27th January 2022 - February Member update

The February 2022  Real Estate Excellence Member Update is now at Member login (realestateexcellence.com.au) (latest member update folder) and will be emailed to Members on the 2nd February 2022. The contents are below.

 As per past Member updates in 2021, including an attachment called Sales and new smoke alarm laws which formed part of the December 2021/January 2022 emailed to Members on the  7th December 2021, below is part of an article from The 2022 smoke alarm legislation: How does it impact properties being sold? – Proctor (qlsproctor.com.au)

The 2022 smoke alarm legislation: How does it impact properties being sold?

Since 1 January 2022, smoke alarms in Queensland residential properties sold need to meet the new strict legislative requirements in accordance with the Fire and Emergency Services Act 1990 and Building Fire Safety Regulation 2008.

Conveyancers should be aware of the requirements to help ensure sellers avoid the ramifications of non-compliance and buyers are aware of their entitlements.

The new legislation adds several new complex requirements to current smoke alarm legislation. Some of the key new additions are that smoke alarms must:

• be installed in each bedroom as well as on each storey and in hallways which connect bedrooms and the rest of the dwelling
• be photoelectric, comply to AS 3786-2014, and powered by either 240 volt or a 10-year lithium battery
• be interconnected with every other smoke alarm in the dwelling so all activate together.

Smoke alarms must meet requirements prior to contract signing. If the seller fails to comply, the buyer is entitled to an adjustment at settlement equal to 0.15% of the purchase price. The adjustment must be claimed by the buyer in writing prior to settlement. If the seller has not complied after settlement, the buyer will be required to install compliant smoke alarms.