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.
Making a submission
An information sheet with guidelines on making a submission on these Bills can be found on the Queensland Parliament website.
Community Support and Services Committee
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.
On 18 June 2021, Hon Leeanne Enoch MP, Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts, introduced the Housing Legislation Amendment Bill 2021 (Bill) into the Queensland Parliament. The Bill was referred to the Community Support and Services Committee for detailed consideration and report by 6 August 2021.
The Queensland Housing Strategy 2017-2027 (Housing Strategy) is a 10-year framework which aims to provide all Queenslanders with a better pathway to safe, secure and affordable housing. The explanatory notes state that the objective of the Bill is to deliver key objectives of the Housing Strategy, including:
- Modernisation - a commitment to reviewing and modernising rental laws to better protect tenants and lessors and improve housing stability in the rental market.
- Connections - ensuring that vulnerable community members are supported to sustain tenancies in appropriate and secure housing that facilitates social, economic, and cultural participation.
- Confidence - supporting a fair and responsive housing system through reforms to legislation and regulations that enhance the safety and dignity of all Queenslanders and promote the provision of a range of housing options that meet the diverse needs of Queenslanders.
The Bill aims to achieve its policy objectives by amending the:
- Residential Tenancies and Rooming Accommodation Act 2008, Residential Tenancies and Rooming Accommodation Regulation 2009 and Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 to:
- support tenants and residents to enforce their existing rights by removing the ability for lessors and providers to end tenancies without grounds
- provide an expanded suite of additional approved reasons for lessors/providers and tenants/residents to end a tenancy
- 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
- strengthen rental law protections for people experiencing domestic and family violence, and
- support parties to residential leases reach agreement about renting with pets.
- Retirement Villages Act 1999, to:
- provide certainty, security, and peace of mind to residents of freehold resident-operated retirement villages
- implement the intent of recommendations made during an independent review of timeframes for payment of exit entitlements in Queensland retirement villages, and
- create a framework to exempt freehold resident-operated retirement villages from the 18-month mandatory buyback requirements under the Retirement Villages Act 1999.
Report due date:
|Friday 6 August 2021|
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
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.
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.