RTRA Act review - Queensland tenancy law reform

23rd July 2021

Listen to short podcast regarding below here.

The RTRA Act review - Queensland (realestateexcellence.com.au) is at its final stage. On Tuesday 20^th July, the Committee held a one day public briefing. The briefing was recorded and can found at the links below. This is the final stage of the review. The Committee will now report back to Government by the 6^th August. It is expected, but not confirmed, that Parliament may debate and finalise the bill at the next sitting of Parliament at the end of August. 

Members of Real Estate Excellence will be updated accordingly via the Real Estate Excellence Member Updates email service.

Membership Services, Benefits and Options (realestateexcellence.com.au)

Part 1 Parliament.TV - Queensland Parliament

Part 2 Parliament.TV - Queensland Parliament

12th July 2021

Video of the Public Briefing video Housing Legislation Amendment Bill - Labor (an hour and a half video) here. 

Video of the Public Briefing video Tenants Rights Bill - Green (an hour video) here.

8th July 2021

The Labor Government in recent days have stated that the reason they have removed the Lessor ability to give a Notice to Leave without grounds from the proposed bill, and have a proposed new ground of Notice to Leave for end of fixed term contract is due to section 24 of the Human Rights Act (for property owners).  Quote sourced from The Courier Mail 7th July 2021 "

Housing Minister Leeanne Enoch said it was simply untrue to say a family would be kicked out for no good reason.

“An owner will only be able to end a tenancy for an approved reason and renters will be protected from having their rental agreement terminated without grounds,” she said.

“The proposal that a fixed term lease will not end on the mutually agreed date, breaches property rights protected under section 24 of the Human Rights Act 2019 (HR Act), not to mention basic contract law". 

The QHRC : Queensland Human Rights Commission have released the following statement regarding section 24 of the Human Rights Act and the two tenancy proposed Bills (Labor Housing Legislation Bill and Greens' Tenants' Rights Bill).

“The Commissioner says that given significant housing instability and homelessness in Queensland, there seems a clear justification for limiting the rights of lessors by requiring them to provide a reason to end a tenancy at the end of a fixed term contract”

View the statement here.

2nd July 2021

Real Estate Excellence submission (Labor Bill) - scroll down to 1st July to review submission for Greens Bill. Listen to podcast regarding below here.

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Committee Secretary
Community Support and Services Committee
Parliament House
George Street
Brisbane Qld 4000

Dear Committee,

Thank you for the opportunity to make this submission. This submission is made in conjunction with the Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021 emailed 1st July and reattached. This submission is in relation to the Housing Legislation Amendment Bill 2021.  As noted in the previous submission, my name is Stacey Holt, and I am the owner and CEO (sole company director) of Real Estate Excellence Academy Pty Ltd (www.realestateexcellence.com.au) I have been working in the Real Estate industry for 27 years with almost 20 years in education, training, and advising the sector. Real Estate Excellence has been operating since January 2010.

Real Estate Excellence is a best practice and compliance focused business with a membership support service component with over 250 member offices throughout Queensland. I also hold regular face to face training and education events focused on Property Management Excellence and best practice.

Lessor’s agent may arrange for emergency repairs to be made.

The proposed new section 219A is of great concern and appears to be in direct conflict of the Agents Financial Administration Act (AFA). Section 21 and 22 of the AFA Act states monies from the trust account (and the lessor’s ledger), cannot be drawn unless there is written consent from the lessor/client, with section 21 of the Property Occupations regulations stating the agent must act in accordance with a client’s instructions (unless it is unlawful to do so). The proposed section 219A contradicts this. The Committee would be aware that the Office of Fair Trading regulate Property Agents and Property Managers via the Property Occupations Act and the Agents Financial Administration Act.

Clause 49 inserts new section 219A Lessor’s agent may arrange for emergency repairs to be made to introduce a new power for agents of lessors to arrange emergency repairs to be carried out under residential tenancy agreements. Under subsection 219A(1), the lessor’s agent may arrange for a suitably qualified person to carry out emergency repairs to the premises or inclusions if the repairs are not likely to cost more than the emergency repair limit for the residential tenancy agreement. The emergency repair limit for a residential tenancy agreement is an amount equal to 4 weeks rent payable under the agreement. Subsection 219A(2) provides that if the lessor’s agent acts as allowed under the section and pays for the emergency repairs, the agent may make deductions from rent payments received from the tenant, up to the cost of the repairs, before disbursement of the payments to the lessor’s account. The lessor’s agent must inform the lessor of the action as soon as practicable after taking it.

Disclosing particular information

In relation to Clause 32 from the Explanatory notes states the following.

insert a new section 57A Offer of residential tenancy must disclose particular information. New subsection 57A(1) states that a lessor or agent must not advertise or offer a residential tenancy unless the information prescribed by regulation is stated or disclosed in the advertisement or offer. A maximum penalty of 20 penalty units applies. New subsection 57A(2) clarifies that a lessor or agent must not accept a rental bond from a tenant of a premises if the residential tenancy for the premises was advertised or otherwise offered in contravention of subsection 57A(1). This is for consistency with existing section 57 requirements. A maximum penalty of 20 penalty units applies. New subsection 57A(3) provides that section 57A does not apply to a person merely placing a sign on or near premises advertising that the premises are available for residential tenancy”.

There is no draft regulation available in the Housing Bill to comment on what the regulations proposed are to comment or provide feedback.

Orders of tribunal about carrying out emergency repairs.

Proposed new subsection 221 as noted from page 43 Explanatory notes is open for dispute due to the use of reasonable time frame. Reasonable time frame for both routine and emergency repairs should be defined to ensure all parties understand the time frames. Given this new proposed provision is subject to an application to tribunal for repair order, it is critical parties know the meaning to alleviate dispute and possible applications.

New subsection 221(1) provides that the tenant, or a representative entity, may apply to the tribunal for a repair order if the premises or inclusions need repair and: • for routine repairs, the tenant has informed the lessor or agent of the need for repairs (in line with requirements under section 217, and the repair was not done within a reasonable time after the lessor or agent was informed of the need for repair by the tenant. • for emergency repairs, the tenant has been unable to notify the lessor or nominated repairer of the need for the repair or the repair was not made within a reasonable time after the tenant had given notice to the lessor or nominated repairer of the need for repair.

Support tenants and residents to enforce their existing rights by removing the ability for lessors and providers to end tenancies without grounds.

As provided in the Tenant Rights Bill submission, the removal of without grounds is fraught with concerning outcomes. Refer to submission on 1^st July provided via email to the committee and or RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au)

With the proposed introduction of two months’ notice for end of fixed term contract, and the removal of without grounds for lessors, an unintended consequence may be if a tenant is offered a new fixed term agreement contract, prior to an existing fixed term contract ending (as is best practice today), and the tenant fails to enter into a new contract, a notice to leave for this provision may be given due to the lessor risk management and lessor insurance coverage as mentioned in the Tenants’ rights Bill mentioned above. Part of the previous submission noted below.

“Real Estate Excellence provided several submissions during the RTRA Act review in 2018 (an extract supplied further down this submission). The Government need to consider another approach regarding the ending of tenancies.

An unintended consequence which appears to not have been considered is Landlord insurance and risk. Most landlord insurance policies provide no, or limited coverage for periodic tenancies. Common practice of industry since the notice to leave without grounds provision was increased to two months in 2009 is for lessors to be contacted by their agents around 2.5 to 3 months prior to a fixed term agreement contract expiring. The only reason this best practice procedure occurs is in the event the lessor wishes for the tenancy contract to end at the end of the fixed term agreement, and the two months’ notice can be provided to the tenant.

The Regulatory Impact Statement (part of the 2018/209 review) notes Queensland has some of the highest fixed term tenancy contracts in Australia. The reason this would long be the case is due to security of all parties, best practice and particularly, landlord insurance. If a tenant is offered a new agreement contract (lease renewal), and refuses to enter into a lease renewal, the tenancy reverts to a periodic. This leaves the investor in a serious position of risk due to reasons noted above; most lessor insurance policies provide limited and no coverage in the event of loss if a tenancy contract is periodic. Due to insurance and management of risk and security, tenants may be given a notice to leave without grounds if they do not wish to enter into a new tenancy agreement (leaser renewal).

Most tenants are good people, as are most investor lessors and agents. Bad things happen to good people meaning if the tenant does not want to enter into a lease renewal agreement, as they want the flexibility of a periodic lease, and the lessor does not have a proposed prescribed reason to end the tenancy, the investor is left in a dangerous position if the tenant situation and life changes. Examples include addiction, job losses, relationship dispute as opposed to violence and more. In the event the good tenancy ‘goes bad’, and the lease is periodic, there is great risk of loss to the investor”.

The solution is to keep the status quo and afford both parties the right to end a tenancy contract at any time by giving the appropriate notice without grounds. This is a balanced approach with my previous submission suggesting penalty unit provisions for lessors if they breach section 291 (the current provision for notice to leave without grounds).

The proposed amendments are silent on a ground to end a tenancy that is periodic (other than using a new proposed ground and or tribunal application).

 Provide an expanded suite of additional approved reasons for lessors/providers and tenants/residents to end a tenancy.

The additional provisions for tenants to end tenancies demonstrates an unbalance that will be created in the Act. The tenant retains the right to provide two weeks’ notice without grounds, whilst the lessor has that right removed.

The proposed ground for tenants to end a tenancy because the property is not in good repair is broad and open for dispute and or potential abuse. Good repair should be defined so that all parties understand the meaning of good repair and to minimise and or alleviate dispute.

The new proposed ground for tenants to end the tenancy if the property does not comply with minimum housing standards is at similar risk as mentioned above for good repair.

Ensure all Queensland rental properties are safe, secure, and functional by prescribing minimum housing standards and introducing compliance mechanisms to strengthen the ability to enforce these standards.

Real Estate Excellence supports properties being safe and fit to live in as per the current long standing provisions of section 185.

The proposal for the entry condition report to be returned by the tenant from 3 day (current law) to an increase of 7 days is a concern. The concern is centred around possible increased dispute regarding the condition of the property upon possession and the time frame for return. A lot can happen in seven days by way of accidental damage whilst moving in, and or cleaning. For example, a storm may come through and wet all the windows making them appear ‘not clean’, and or a dust storm passes through, and dust is throughout the property during this extended time. Time is of the essence and is critical in all contract situations. The extended time has potential to create dispute. A different approach is to increase advice on the approved Form 1a regarding the intent, further guidance to the tenant, the importance, and timelines. This includes the importance of agreeing or disagreeing should be added to the approved form to assist all parties to self resolve any matters.

Proposed Schedule 5A (regulations) 1. states good repair. What does good repair mean? Whilst good repair has formed part of current section 185 for many years, the repeat of good repair in the regulation as part of the Minimum Housing Standards is an opportunity to define it, and or not have it. As the committee would appreciate, good repair means different things to different people. Weatherproof and structurally sound are reasonable. Who will determine good repair and the meaning? This is open widely to possible dispute and differing views and should be addressed before implementation. Good repair has also been mentioned in my submission above in the provide an expanded suite of additional approved reasons for lessors/providers and tenants/residents to end a tenancy.

Strengthen rental law protections for people experiencing domestic and family violence.

Real Estate Excellence supports these mechanisms to assist victims suffering domestic and family violence.

Notice to leave for serious breach.

Clause 57 amends current section 290A is encouraged to include general tenancies and not just public or community housing. Whilst clause 61 insertion of new section 297B which allows for application for termination for because of serious breach under a residential tenancy agreement is welcomed, the committee is urged to consider the obvious benefit to have this provision included in a new ground for notice to leave to expedite such serious matters.

Application for termination for misrepresentation

New proposed section 312A allowing for tenants to apply to tribunal for an application for a termination order because of lessor or lessors’ agent giving false or misleading information is encouraged to be clarified and further defined. For example, the services provided may be withdrawn for just reasons outside the lessor control, and a matter relating to the premises that is likely to affect the tenant’s quiet enjoyment is ambiguous. What about council roadworks and or a unit development being built behind the property in another street? Matters of which a lessor and or agent would not reasonably be aware. Whilst the provision states the lessor or lessor’s agent gave information about, example should be provided with the new section.

New section 347B states tribunal may make the order if they are satisfied the false or misleading representation justifies termination of the agreement, the goal is to avoid the Tribunal and resolve dispute via self resolution and or the RTA conciliation process if required.

Support parties to residential leases reach agreement about renting with pets.

In essence, the proposed provisions appear to have reached a reasonable and balanced approach for all parties. The only concern is “if the pet is not a type of pet ordinarily kept inside, a condition requiring the pet to be kept outside the premises” from page 41 of the Explanatory notes. Who determines the type of pet not ordinarily kept inside? This is open to dispute and needs to be clarified.

Notice to leave for Contract of Sale – periodic tenancy.

The new proposed Schedule 1 Notice periods for notice to leave for a sale contract for a periodic tenancy change from current 4 weeks to 2 months is of concern. The current section 286 of the RTRA Act allows for notice to leave to be given to a tenant with section 329 allowing four weeks’ notice to end the tenancy. The change from 4 weeks to 2 months is potentially going to affect some sales contract situations, particularly with owner occupier contracts. The tenant in this situation (periodic tenancy contract) can give 2 weeks’ notice to terminate the agreement. Situations may occur whereby tenants are given 2 months’ notice as per the proposed provision, and the tenant terminates on their grounds and give 2 weeks’ notice. The lessor (seller) will be in a position of a vacant property, and if contracts cannot be renegotiated, open for substantial loss. The other concern which may occur is reluctance of owner occupiers to buy properties that are rented which places the lessor property owner selling under potential duress if the sale is forced due to financial and or other hardship. They may then have to apply to have the tenancy terminated for excessive hardship ground.

Please contact me if any additional information is required, and or any questions are raised as part of my submission.

Yours sincerely

Sent via email This email address is being protected from spambots. You need JavaScript enabled to view it.

Stacey Holt
Chief Executive Officer (CEO – Stacey Holt Real Estate Excellence)
Real Estate Excellence Academy Pty Ltd
0423 018 539

1^st July 2021

Real Estate Excellence submission (Greens Bill) - I will be making a further submission for the Labor Housing Bill. Listen to podcast regarding below here.

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Committee Secretary
Community Support and Services Committee
Parliament House
George Street
Brisbane Qld 4000

Dear Committee,

Thank you for the opportunity to make this submission.

My name is Stacey Holt, and I am the owner and CEO (sole company director) of Real Estate Excellence Academy Pty Ltd (www.realestateexcellence.com.au) I have been working in the Real Estate industry for 27 years with almost 20 years in education, training, and advising the sector. Real Estate Excellence has been operating since January 2010.

Real Estate Excellence is a best practice and compliance focused business with a membership support service component with over 250 member offices throughout Queensland. I also hold regular face to face training and education events focused on Property Management Excellence and best practice.

I write to the Committee regarding the Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021

The Real Estate Industry is largely driven by supply and demand. Since the Pandemic, and due to extraordinary circumstance, the industry has seen an unprecedented amount of change in relation to people relocating to Queensland, investors selling and first home buyers (and others) buying property. Record interest rates are adding to the current demand and supply situation. The main point is the supply and demand factor. Pricing is based on demand and supply as with most free markets. Regulating rental amounts and increasing is a of great concern given the need for investment in rental property to meet the demand now, and into the future.

The current housing situation is well documented throughout Australia, and New Zealand. Regulating rent increases and amounts is not the solution to assisting tenants. Increased housing is the solution and incentives to invest to provide the housing needed. The Government have committed to increased housing however that will provide only part of the solution.

Limit rent increases to once every 24 months and by no more than CPI per year, including if there is a period for which the property is not rented or if current tenants move out and new tenants enter on a new lease.

Regulating rents and when rents can be increased will lead to investor concern, scarcity and looking to diversify in other free markets. This is the worst case scenario. To be fair and balanced, and deal with any unintended consequences, leaving status quo is recommended.

The Residentail Tenancies and Rooming Accommodation Act (RTRA Act) has provisions in place for rent increases during existing fixed term tenancy contracts, plus periodic tenancies. The tenant has ability to act and if need, apply to Tribunal (QCAT) to decide if a rent increase is excessive. (Sections 91 and 92). Section 94 allows for rent to be increased in a six month period only.

For fixed term tenancy agreement contracts that are renewed and effectively enter into another fixed term contract (known as lease renewals), section 71 adequately allows for tenants to seek assistance if they believe any rent increase is excessive.

There are adequate provisions in place in the legislation without need for further regulation.

Remove the lessor or lessors’ agent’s ability to accept rent bids from prospective tenants.

Rent bidding is an emotive, unjust, misused and unfair word. There is no evidence rent bidding occurs in the industry. The use of the word rent bidding alludes to the thought that there is a form of ‘auction’ occurring which is not the case.

The RTRA Act requires rent be advertised at a fixed amount (section 57). Words such as negotiable and price ranging are prohibited. Property managers cannot encourage or solicit offers from prospective tenants. Section 57 is a penalty unit provision.

Allow tenants to make minor modifications to a rental property without first obtaining the landlord’s consent.

Section 217 to 219 of the RTRA Act currently cover tenants making fixture or structural changes to the property. There is no need to further regulate as these provisions adequately cover the rights of either party in this instance.

Give tenants the right to keep a pet unless the lessor applies successfully to the Queensland Civil and Administrative Tribunal (“the Tribunal”) for an order refusing the pet on reasonable grounds.

The provisions in the Housing Legislation Amendment Bill 2021 regarding pets are by far more practicable and reasonable than this Bill. So many additional factors must be considered for this matter such as what is included in the Housing Legislation Amendment Bill including relevant laws including local and body corporate laws. This matter will be addressed further in my additional Housing Bill submission.

Ensure certain inclusions in regulations made regarding minimum standards for rental homes.

The proposed amendment are of concern particularly amending section 17A to insert must as opposed to the current may and having a minimum standard for all provisions listed. Leaving section 17A as may allow for Government to react and respond if and as needed. Whilst Real Estate Excellence supports measures to ensure properties continue to be safe and fit to live in, amending this provision to must is fraught with risk. There are so many factors to consider including cost to investors, availability of contractors if and as needed. This proposed provision has added a complexity that is unnecessary. Section 185 of the RTRA Act sets out lessor obligations currently. The proposals set out in the Housing Bill are encouraged to instead be considered of which Real Estate Excellence will provide more information in a further submission.

Improve lease security by removing the ability for “no grounds” evictions or evictions for sale contract by the lessor, and replacing these provisions with two new grounds for a notice to leave, being:

- Occupation by the property owner or the owner’s close relative - Major renovations to be made to the property - Vary minimum notice periods for a notice to leave, including: - 6 months’ notice for owner/ relative occupation and major renovations

Real Estate Excellence provided several submissions during the RTRA Act review in 2018 (an extract supplied further down this submission). The Government need to consider another approach regarding the ending of tenancies.

An unintended consequence which appears to not have been considered is Landlord insurance and risk. Most landlord insurance policies provide no, or limited coverage for periodic tenancies. Common practice of industry since the notice to leave without grounds provision was increased to two months in 2009 is for lessors to be contacted by their agents around 2.5 to 3 months prior to a fixed term agreement contract expiring. The only reason this best practice procedure occurs is in the event the lessor wishes for the tenancy contract to end at the end of the fixed term agreement, and the two months’ notice can be provided to the tenant.

The Regulatory Impact Statement (part of the 2018/209 review) notes Queensland has some of the highest fixed term tenancy contracts in Australia. The reason this would long be the case is due to security of all parties, best practice and particularly, landlord insurance. If a tenant is offered a new agreement contract (lease renewal), and refuses to enter into a lease renewal, the tenancy reverts to a periodic. This leaves the investor in a serious position of risk due to reasons noted above; most lessor insurance policies provide limited and no coverage in the event of loss if a tenancy contract is periodic. Due to insurance and management of risk and security, tenants may be given a notice to leave without grounds if they do not wish to enter into a new tenancy agreement (leaser renewal).

Most tenants are good people, as are most investor lessors and agents. Bad things happen to good people meaning if the tenant does not want to enter into a lease renewal agreement, as they want the flexibility of a periodic lease, and the lessor does not have a proposed prescribed reason to end the tenancy, the investor is left in a dangerous position if the tenant situation and life changes. Examples include addiction, job losses, relationship dispute as opposed to violence and more. In the event the good tenancy ‘goes bad’, and the lease is periodic, there is great risk of loss to the investor.

There are genuine concerns investors may leave the market due to their loss of right to end a tenancy contract for their asset without grounds. This is a possibly the Government cannot find afford to risk, given supply and demand drive rental market price, plus, the lack of social housing and homelessness. All parties will suffer should the removal of without grounds proceed.

The solution to the minority of lessors who the Government call the ‘retaliatory and revenge eviction’ is to introduce a penalty unit provision if a tenant is provided a without ground notice in breach of section 291, with section 292 allowing for tenant to make complaint to the RTA if there is an alleged breach of the lessor.

Of my review and knowledge of all QCAT published decisions and appeals during the last ten years, my understanding is there are three known cases that involve retaliatory eviction. Not all decisions and appeals are published. It is an indication the matter of lessors giving a notice to leave in breach of section 291 may not be as widespread as stated by Government in the Regulatory Impact Statement, media statements and social media posts.

My understanding is Tenants Queensland have long expressed concern regarding section 292 in the tenant must ‘action’. The action being applying to tribunal within 4 weeks of being given a notice to leave and it is thought to be retaliation to a tenant utilising their rights, such as issuing a breach to lessor for alleged breach of their maintenance obligations under section 185.

The option of introducing a penalty for the issuing of a notice to leave without grounds is a win for all parties; and provides the tenant an effortless cost free option of complaining to the RTA for review of the notice to leave without grounds given in breach of section 291. The RTA should have the option of setting the notice aside, plus opposing a penalty if upon their usual investigation procedures finds the lessor is in breach.

There may be administration burden for the RTA; however, this should not deter the Government consideration given the serious risks involved for all parties should notice to leave without grounds be removed from the legislation as noted above. Given the number of QCAT decisions relating to retaliatory evictions in the last ten years, a substantial administration burden is not expected to occur for the RTA. This is a matter that could be reviewed in the years to come. The Government can fix this so-called widespread industry practice which is greatly disputed by introducing a penalty unit offence and ability to set aside a notice to leave without ground if it is found there has been a breach by the lessor of section 291.

Section 291 of the RTRA Act clearly sets out when a notice to leave without reason cannot be given to a tenant.

Section 292 protects tenants who believe a lessor has contravened the provision.

Therefore, there is no need to add increased legislation unnecessarily.

Investors should always have the right to lawfully terminate a tenancy without reason. If investors comply with legislation, a lessor should have the right of possession without having to state a reason. Tenants are protected if lessors act outside the legislation. This is fair and balanced for all parties.

Please contact me if any additional information is required, and or any questions are raised as part of my submission.

Yours sincerely

Sent via email This email address is being protected from spambots. You need JavaScript enabled to view it.

Stacey Holt
Chief Executive Officer (CEO – Stacey Holt Real Estate Excellence
Real Estate Excellence Academy Pty Ltd
0423 018 539

29th June 2021

Have your say on proposed rental law reforms - From the RTA - sourced from www.rta.qld.gov.au Listen to short podcast  regarding below here.

Queenslanders are encouraged to have their say on proposed rental law reforms for the state’s residential rental sector by 12 noon on Tuesday 13 July 2021. 

The Queensland Government has recently introduced the Housing Legislation Amendment Bill 2021 to the Queensland Parliament with proposed reform areas including:  

• ensuring all parties have appropriate approved reasons for all parties to end a tenancy 
• prescribing Minimum Housing Standards 
• options for people experiencing domestic and family violence to end a tenancy 
• frameworks for all parties to negotiate renting with pets. 

The Bill has been referred to the Community Support and Services Committee for detailed consideration. Queenslanders are encouraged to follow the discussion on this topic and have their say on the proposed changes through the Committee process by 13 July 2021. 

Dr Amy MacMahon MP, Member for South Brisbane recently introduced the Residential Tenancies and Rooming Accommodation (Tenants’ Rights) and Other Legislation Amendment Bill 2021 (Bill) into the Queensland Parliament. This Bill has also been referred to the Community Support and Services Committee. You can follow the discussion on this Bill and provide your feedback on the proposed changes through the Committee process by 12 noon on Tuesday 13 July 2021 (amended timeframe). Enquiries to the Member for South Brisbane can be made to This email address is being protected from spambots. You need JavaScript enabled to view it. or (07) 3724 9100. 

Making a submission

An information sheet with guidelines on making a submission on these Bills can be found on the Queensland Parliament website.

Written submissions can be emailed to This email address is being protected from spambots. You need JavaScript enabled to view it. or can be sent to:

Committee Secretary
Community Support and Services Committee
Parliament House
George Street
Brisbane Qld 4001

Documents relating to the committee's inquiries can be found on the inquiry webpages - Housing Legislation Amendment Bill 2021 and Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021.

24th June 2021 - An email has been sent to Real Estate Excellence Members.

Housing Legislation Amendment Bill 2021 - About the Bill

19th June 2021 Members listen to podcast re Bill here. And refer to Real Estate Excellence Member Update

Real Estate Excellence - Stacey Holt SHREE members private group - I will be studying the proposed bill today and in due course providing you with an overview. I will also advise regarding submissions for you and your lessor clients regarding the proposed changes. I suggest working on this Bill as opposed to the Greens Bill at this stage. You may wish to provide commentary to the Committee (for the Greens Bill) as you see fit (and your clients).

All upcoming Property Management Excellence PME - Stacey Holt special one day events will discuss proposed amendments specific to the session topics.

Courier Mail 19 06 2021

Sourced from The Courier Mail 19th June 2021 page 4

18th June 2021 - posted to Social Media including the Members only Facebook group and Instagram page

Courier Mail 17th June 2021
Labor look to be introducing their own tenancy amendment bill which will “knock” the Greens bill as they have majority Government.

Labor to introduce their own tenancy law Bill to Queensland Parliament. A new Property Management Excellence PME - Stacey Holt podcast. Listen here.

As stated in my podcast about below, the Devil is in the detail. A quote for CM article “Under newly proposed laws, a landlord will be able to decide not to offer a tenant a renewed contract if they do not wish to, but they will not be able to issue a notice to leave “without grounds”, giving tenants more certainty.”

Real Estate Excellence members, we shall update you more once more information and facts are available.

12.30pm 18th June 2021

Media Release

Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts

The Honourable Leeanne Enoch

Palaszczuk Government moves to make renting fairer
The Palaszczuk Government is delivering on its commitment to make renting fairer, with the introduction of new legislation into Queensland Parliament today.

The proposed laws will make it easier for Queensland renters to have a pet, and end ‘without grounds’ evictions, providing more certainty about ending a lease.

Minister for Communities and Housing Leeanne Enoch said the proposed reforms provide a balanced approach and help deliver certainty for the 34 per cent of Queensland households who rent.

“Queenslanders rely on safe, secure and affordable housing and we’re delivering on our election commitments to improve confidence in the rental market,” Ms Enoch said.

“The new laws provide a strong, balanced approach that protects the rights of renters and lessors, while improving stability in the rental market.

“At a time when more Queenslanders are renting, and renting for longer, we need to encourage market growth to help increase the number of rental properties in Queensland, while also protecting the rights of tenants.

“Our legislation strikes the right balance between the needs of the community, while also supporting continued investment in the housing market.”

The new laws will ensure all Queensland rental properties meet minimum quality standards, will provide clarity about the end of a tenancy, and will make it easier for renters to have a pet.

“We are also ensuring people fleeing domestic and family violence are able to end a lease with seven days’ notice, to ensure there is no barrier to being able to end a lease quickly and safely.”

These reforms progress Stage 1 of the Palaszczuk Government’s rental law reforms.

Ms Enoch said that some of the proposed renting reforms, such as the domestic and family violence measure, were tested during the COVID-19 pandemic.

“These reforms have been proposed following public consultation, to ensure all Queenslanders could have their say.

“We also received over 135,000 responses through the Open Doors to Renting Reform consultation, and over 15,000 responses when we consulted on Stage 1 reforms through the Regulatory Impact Statement,” Ms Enoch said.

Minister Enoch said the Greens’ renting Bill which was introduced in May would make it less likely that an owner would rent out their property.

“What we need right now are more rental properties available for Queenslanders and their Bill will do the exact opposite.

“Once again, the Greens have demonstrated they are incapable of balanced and responsible policy-making,” Ms Enoch said.

Ms Enoch said that seniors living in resident-operated retirement villages would also benefit from the amendment legislation introduced today.

“The proposed changes will deliver on another of our election commitments, to enable resident-operated retirement villages to be exempted from mandatory buyback requirements under the Retirement Villages Act 1999,” she said.

“This will provide certainty and peace of mind to a small number of retirement villages where residents control and operate the retirement village themselves.”

Real Estate Institute of Queensland CEO Antonia Mercorella said the government consulted extensively with various stakeholders to seek a fair and balanced outcome in the renting reforms.

“We recognise that tenancy laws in Queensland must be modernised to keep pace with our changing rental landscape. In circumstances where 36% of our community rent their homes, the right regulatory framework is critically important to provide security and certainty to both tenants and owners,” Ms Mercorella said.

Micah Projects CEO Karyn Walsh said the domestic violence provisions in the Bill were vital during the COVID-19 health emergency.

“I applaud the Government for ensuring that these provisions will remain in legislation. Being able to leave a tenancy without a financial burden is an important consideration for women and families fleeing domestic violence,” Ms Walsh said.

ENDS

Media contact: 0437 859 987

What the new renting laws will do:

• Establish minimum standards to ensure all Queensland rental properties meet standards for safety, security and functionality. This includes making sure accessible windows and doors have functioning latches, kitchen and laundry facilities are in good repair and do not present a safety risk with normal use, and properties are weatherproof and structurally sound. 
• Provide clear approved grounds for how a tenancy can be terminated. For a lessor, this can include: end of the agreed term under a fixed term lease, significant repair or renovation needing to occur, sale of property, and owner occupation. Lessors will also be able to seek an order from the Queensland Civil and Administrative Tribunal to terminate the tenancy for significant or serious breach of the lease by a tenant. For a tenant, this can include: property not being in good repair and not complying with minimum standards, lessor provided false or misleading information about the lease or property, co-tenant is deceased.
• A property owner will not be able to issue a notice to leave ‘without grounds’, providing tenants with more certainty.
• A tenant can end their interest in a lease with seven days’ notice if they are unable to safely continue it because they are experiencing domestic and family violence.
• If a tenant requests to keep a pet, a lessor 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. Lessors 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. Rent increase is not a reasonable condition. The laws also clarify that fair wear and tear does not include pet damage.

15th June 2021

Dear Members, (part of email sent shown below)

Further to my email to you Sunday, I have written overnight to the Minister for Housing. Please read below. Watch short video An update for Real Estate Excellence members regarding the tenants rights bill - YouTube - The FB and Instagram private member groups mentioned in the video details Contact and Connect (realestateexcellence.com.au)

13th June 2021 - RTRA Act Bill update - As it happens Member update - emailed to Members 13th June 2021

Good morning members, Please refer to information below and an update regarding the RTRA Act proposed amendments introduced to Parliament and as advised to you in the June Real Estate Excellence Member Update. As advised in the June Member update, the bill has been passed to a committee for review. The committee is calling for submissions regarding the Bill. I shall advise members of any further updates accordingly. More information is provided in the email to Members with a copy in the latest Member update folder at Member online / folder Latest Member Update - As it happens member update June 2021.

27th May 2021

RTRA Act amendment bill in Queensland Parliament. Members please watch short video here. Or, listen to podcast here.

5th March 2021
Below sourced from here on 5th March 2021.

The reform process | Renting in Queensland

Consultation has concluded

We’re reviewing Queensland’s tenancy laws to ensure the rental needs of Queenslanders are met now and in the future.

• First, we heard the community’s views about renting through the Open Doors to Renting Reform consultation.
• Our Reform Roadmap (PDF, 2 MB)outlines our response to the consultation findings and sets out a two-staged approach to a better renting future for Queensland.
• We sought your feedback on options to improve renting in Queensland in the Stage 1 Better Renting Future Consultation Regulatory Impact Statement RIS (PDF, 2.88 MB).

Next, we will analyse your feedback and prepare a Decision Regulatory Impact Statement to reflect the outcomes of consultation before introducing a Bill to change tenancy laws.

Open Doors to Renting Reform consultation

In 2018, the statewide Open Doors to Renting Reform community consultation invited Queenslanders to share their rental experiences and ideas about how to improve renting in Queensland.

We received over 135,000 responses and had conversations with tenants, property owners and property managers about their experience of living in, owning or managing a rental property and how it could be improved.

 

Open Doors consultation outcomes

We heard clearly that renting is an important issue for Queenslanders and there is support for change to our tenancy laws.

We heard that all Queenslanders want to feel safe and secure in the rental market, either as a tenant enjoying the property as their own home, or as an owner protecting the property as their investment.

However, different views were held about what reforms are needed to strike the right balance between these interests.

• Read the Open Doors to Renting Reform Consultation Report (PDF, 3.58 MB), which summarises the feedback we received and provides consultation insights.

Reform Roadmap

The Reform Roadmap (PDF, 2 MB) outlines our response to the Open Doors consultation and a two-stage pathway to deliver fair and workable tenancy laws, including:

• actions to support tenants to enforce their existing rights, ensure rental accommodation is safe, secure and functional, and improve liveability and certainty in the rental market, and
• further engagement with the community and sector to design workable solutions to renting issues where we found a wide range of views are held.

Consultation Regulatory Impact Statement

The Stage 1 Better Renting Future Consultation Regulatory Impact Statement (PDF, 2.88 MB) outlined a range of policy options to change Queensland's tenancy laws and their potential impacts, and identified recommended reforms across 5 priority areas:

• Minimum Housing Standards
• Renting with pets
• Minor modifications
• Domestic and family violence
• Ending a tenancy fairly.

Consultation on these proposals is now closed and the community feedback received will inform future policy decisions made by the Government to ensure we get tenancy law reforms right.

Read more here