RTRA Act review - Queensland tenancy law reform

7th December 2018 -  Queensland Government media release Housing Minister re the RTRA Act review

Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport - The Honourable Mick de Brenni Thursday, December 6 2018

Victorians’ vote on rental reform a good guide for Queensland. Click here to review Victorian reforms

After a 9-week consultation into the current rental laws in Queensland, the Palaszczuk Government has received a record breaking 130,000 responses from Queenslanders wanting to see change.

Minister for Housing and Public Works Mick de Brenni said the consultation reflected a national trend in the need for greater housing affordability.

“This is the first time the Queensland State Government has delivered a consultation on this scale. It has completely surpassed our expectations and I expect that this is down to the fact that housing security is a huge issue for Queenslanders,” Mr de Brenni said.

“We’re reaching a crisis point for housing in Australia, where most people are locked out of home ownership.

“The Palaszczuk Government promised before the election to conduct a review into rental standards and introduce minimum standards into rental properties to make sure that all Queenslanders could have a safe, secure and sustainable place to call home.

“What this consultation has done is help us identify the issues and potential solutions to give Queensland rental households real rental security whilst protecting property owners investment.”

“We are still counting some of the last mailed surveys, but as of yesterday there were 19,961 responses to the online survey, 13,508 postcard survey responses, 456 written submissions and 96,651 responses to our quick polls,” he said.

“We are listening to what everyone has to say so we ensure the system is fair for everyone.”

Mr de Brenni said the consultation had asked for sentiment about a range of issues, including security of tenure, no grounds evictions, minimum standards and accommodation for family pets.

“The Andrews Government asked the same sort of hard hitting questions of voters with regards to rental reform at their most recent election.”

“Clearly we need to look closely at what sort of reforms the Andrews Government enacted.”

“I’ve spoken to the new Victorian Minister for Housing Richard Wynne who reckons their election platform consisting of strong rental reforms played a massive factor in their 6% swing at the last election.”

Mr de Brenni said that currently 34 per cent of Queensland households are rentals, and with more and more Australians being priced out of the housing market this number was set to increase.

“If your home isn’t sorted, its pretty difficult to think about anything else,” he said.

“Labor understands that in 2018 renting is not a short-term solution, and we need to ensure all levels of government are working towards making housing more accessible.”

Mr de Brenni said the silence from the Commonwealth Government on the issue of housing affordability had been deafening.

“The Abbott-Turnbull-almost Dutton-Morrison Government has been too busy trying to avoid another leadership spill to focus on what really matters.

“What we really need is a federal government who is going to take this seriously. It’s not ok that last year more Australian’s bought their seventh home than their first.”

Mr de Brenni said the consultation was a successful first step in the review of the Residential Tenancies and Rooming Accommodation Act 2008.

“The next step is to analyse all the feedback and data collected throughout the consultation,” he said.

“Department of Housing and Public Works staff are already working with the Residential Tenancies Authority to analyse the many thousands of online surveys, written submissions, snap poll results and discussion forum comments.

“We will then identify priorities for reform and I’ll be providing regular updates about the process in coming months.”

The renting consultation ran from the 30th of September to 30th November 2018.

Key findings of the Queensland consultation found -

• Of those surveyed 50% of people thought the rules were swayed in the property owners favour, 24.3% thought they were weighted in the tenants favour, 18.2% thought the rules were balanced and 7% said they didn’t know.
• 12.3% of people thought the condition of their rental property was poor, 50.3% thought it was good and 37.3% thought they were excellent.
• Many tenants are seeking transfer their bond from one property to another, while property owners reported that bonds were often insufficient if tenants were behind in rent or did not take responsibility for damage.
• Tenants claimed nothing was flagged in their quarterly inspections but were then losing their bond when they moved out.
• Many tenants had asked for application forms to be standardised and simplified, and many tenants felt it was an invasion of privacy to be asked for bank statements in addition to pay slips when applying for a property.
• Tenants also reported paying between an additional 60 cents up to $5 each time they paid their rent in processing fees.
• Respondents also said there needs to be clearer expectations around fair wear and tear and cleaning requirements at the end of leases.
• On the issue of pets, many tenants said they found it difficult to find a rental property that accepted pets.
• Making minor changes to a property also created a lot of discussion. Tenants would like to be able to make their house feel more like a home by hanging pictures and safer by fixing furniture to walls.
• We heard that property owners would like to have a say on what changes can be made to their properties and ensure modifications are installed correctly and safely. They also want to be able to ask for the property to be returned to its original condition if the tenant leaves.

Final blog statement With the Ministers  tweet and media release  this morning I shared, it’s game over.

All we can do is hope for the best and remember, it will work out and we will deal with it. 

6th December 2018 - Review still accepting written submissions. Watch short 4 minute video here. It has come to my attention by accident (reviewing the Government website), that they are still accepting submissions in writing until 21st December 2018. Details below.

Media Statements

	Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport The Honourable Mick de Brenni

Palaszczuk Government commits dollars and cents for ‘Dollars and Sense’

Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport The Honourable Mick de Brenni

Wednesday, November 14, 2018

Palaszczuk Government commits dollars and cents for ‘Dollars and Sense’

The Palaszczuk Government has announced a tenancy skills training package that will help around 17,000 Queenslanders struggling to secure a home in the state's tightening private rental market.

In the middle of consultation on historic reform to renting laws, Minister for Housing and Public Works Mick de Brenni today announced the $8.2 million Skillsets for Successful Tenancies – Dollars and Sense Program, which will be rolled out across the state.

“Mum and dad investors are playing a crucial role in Queensland, helping the rental market meet increasing demand for homes in our towns and cities,” Mr de Brenni said.

“But the competition for private rental homes, unfortunately, can marginalise vulnerable young people leaving home for the first time and other at-risk groups in our community.

“This programme funds free training designed to help people successfully find and maintain a private rental property. It certifies that people are skilled to rent and take care of a property.

“It's one less thing for investors to worry about if they know they are handing the keys to their investment to people who are qualified to manage a private tenancy.

“From our Open Doors to Renting Reform consultation, we know that renters and property owners have more in common than they’ve been given credit for.

“Both property owners and renters want housing stability, their house to be well looked after and simply to feel secure.

“This certification will show that tenants have the skills required to take on the financial responsibility of a tenancy, and know about their rights and responsibilities when it comes to maintaining a property.”

The commitment follows successful trials earlier this year in Ipswich, Logan and Toowoomba, which have seen many graduates access or sustain private market tenancies.

Helping vulnerable Queenslanders access and sustain private rental tenancies and create a better future for themselves through education and training are key aims of the Queensland Housing Strategy 2017–2027 ( https://www.qld.gov.au/housing/public-community-housing/have-your-say-housing-strategy ).

The program will be delivered by inCommunity Inc., a specialist community housing provider with an established and proven competency-based tenancy skills training package.

Chief Executive Officer Paul Tommasini said graduates of the programme could be considered ‘tenants of choice’ for the real estate industry.

“They will have proven competency in the skillsets identified by property managers and agents – this will give our graduates a competitive advantage when applying for properties,” he said.

“The training is practical and engaging and takes about 10 hours to deliver per student group.

“This training will give potential tenants a real chance to secure a home even in areas with low vacancy and high demand,” he said.

Partnerships with local real estate agents proved a crucial ingredient in the success of the program trials.

Real Estate Institute of Queensland Chief Executive Officer Antonia Mercorella described tenancy skills training as an essential element in Queensland's rental reform process.

“Tenancy training helps protect the rights and responsibilities of tenants and landlords in Queensland, keeps our stock of rental properties in better condition for longer and has the potential to reduce disputes,” she said.

“The REIQ welcomes this initiative that supports the more vulnerable members of our community in their goals to rent property, and which also gives landlords some peace of mind when handing over the keys to their investment.” 

 

29th October 2018

 

Minimum Housing standards, safety of rental property and Minister statements - Real Estate Excellence 5th submission to Government as part of RTRA Act review. Complete submission at member online for member offices to review.  The following is part of the submission emailed today to Government.

Further comments to submission from page 3 submitted 22nd October considering Minister media statements October 28th, 2018.

The Queensland Housing Minister, the State Government and all parties in the sector need to remember that section 214 RTRA Act (definition of emergency repairs) includes if a property is unsafe and or has a fault likely to injure a person. Lessor obligations are covered in section 185; and if the lessor is not taking the right action to repair their property, tenants have many rights to enforce the law. There is no need for more legislation as the matter of safety is covered as mentioned above and is in my submissions to Government as part of the 201 and 2014 reviews. The Government should consider the Parliamentary committee recommendation in 2014 and make section 191 a penalty unit provision to assist with enforcement if it is needed. Tenants also could take enforcement action via the magistrate’s court (if order made by Tribunal. They could also act under section 94 (rent reduction) and compensation under section 419 (breach of agreement).

An immediate legislative fix to this matter is penalty units introduced for section 191. I urge the Queensland Government to review the Parliamentary Committee report of 2014 before proceeding. Quotes from page 13 of the above-mentioned report above.

“The Committee has noted that while there is general acknowledgement of the need for safe rental housing, there is little support for minimum housing standards being mandated in the Residential Tenancies and Rooming Accommodation Act 2008. The majority of submitters were of the view that the proposed minimum housing standards would unnecessarily duplicate existing building and health and safety standards and could lead to increased costs and red tape, adversely impacting on the availability and affordability of housing.

The Committee has been advised that the Minister is currently undertaking a review of the Residential Tenancies and Rooming Accommodation Act 2008 and the Committee is of the view that the Minister should assess the need for minimum housing standards to be mandated in the Act, in the context of the current broader review of the legislation.

While submitters made some valid points about ongoing repair and maintenance issues, there appears to be avenues for addressing these issues through existing legislation and standards which can be enforced by local councils and other agencies.

The Committee notes that the Minister for Housing and Public Works is currently considering a proposal to introduce an offence if a lessor does not to comply with a Tribunal order for repairs and/or maintenance and is of the view that this would provide tenants with an efficient and effective method of dealing with lessors who do not act on an order."

"Generally, the proposed options were not supported and it was noted that the main issue was around getting repairs done in a small number of cases where landlords failed to act. As a result, the RTA has proposed that the Act be amended to "introduce an offence for a lessor not to comply with a Tribunal order for repairs and/or maintenance and 40 penalty units are attached. This would be a continuing offence.… The Minister for Housing and Public Works, the Honourable Tim Mander MP, is considering the recommendations to amend the RTRA Act."

29th October 2018

I have added to the end of this running blog, a brief but meaningful overview of the history of the review of the RTRA Act, commencing from 2012, 2014 and 2016. 2016 wasn't a review of the RTRA Act as such; more so the Labour Government Housing Strategy. It was disappointing to find the below statement in the Labor Government summary of the Housing Strategy plan.

 

It must also be said, the statements being made by Government and media regarding the biggest review of tenancy law in 40 years are not correct; the Act has been "born (meaning brand new, commenced), and then reviewed and amended a numer of times in the last 20 years particularly. The Residential Tenancies Act (RT Act) began in 1995; the Residential Tenancies and Rooming Accommodation Act (RTRA Act) began in 2009. The statements being made should be retracted and be more honest and transparent, as opposed to being incorrect and misleading.

 

29th October 2018

 

Governments legislating rent increases and amounts - sixth submission of Real Estate Excellence. PDF version available for member offices at member online

This submission is written in response to one of Tenant Queensland ‘7 point plan’ relating to regulating rent increases.

Rental amounts and rent increases should not be regulated by Governments. Pricing of real estate is governed by supply and demand, not CPI, not governments. Whilst focus is on making the property a home for tenants, and rightfully so, the property is an investment for an investor. Lessors are investors; not social housing providers.

Tenants are well protected in current legislation for rent increases during a tenancy or during a periodic tenancy (section 92) and from one fixed term tenancy to another (section 71).

Considering capping rent increases should not be considered as part of a Government role and regulation.

Yours sincerely

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

Stacey Holt
Company Director
Real Estate Excellence Academy Pty Ltd

 

29th October 2018

 

Goverment question as part of review concern - solar panels and water effeciency in rental property

I’m perplexed and a little concerned about this question from Government as part of the RTRA Act review ... are they possibly indicating lessors provide solar panels the future?

How could energy and water efficiency of rental properties be improved? What would encourage energy and water efficiency features to be included in rental properties, like solar panels or water saving devices? www.qld.gov.au/rentinginqld

28th October 2018

 

Minimum Housing standards, safety of rental property and Minister statements

Channel 7 new Brisbane short video regarding safety in rental property

 

The Queensland Housing Minister, the State Government and all parties in the sector need to remember that section 214 RTRA Act (definition of emergency repairs) includes if a property is unsafe and or has a fault likely to injure a person. Lessor obligations are covered in section 185; and if the lessor is not taking the right action to repair their property, tenants have many rights to enforce the law. There is no need for more legislation as the matter of safety is covered as mentioned above and is in my submissions to Government as part of the 2012 and 2014. Information regarding this matter (and reviews) is avaible at the bottom of this blog. The Government should consider the Parliamentary Committee recommendation in 2014 and make section 191 a penalty unit provision to assist with enforcement if it is needed. Tenants also could take enforcement action via the magistrate's court (if an order is made by Tribunal. They could also take action under section 94 (rent reduction) and compensation under section 419 (breach of agreement).

In 2010, a terrible tragedy occurred as discussed today (article sourced from Courier Mail subscriber account). When the coronial inquest report was handed down (September 2012), the RTRA Act then went under review. Due to reasons discussed in my blog as outlined below, the review of the RTRA Act has been ongoing in some form for all these years. Read the coronial inquest report and findings here.The Queensland Government today have released a new 'snap poll question' - and is focusing on property condition currently in the review. Details here

The Queensland Housing Minister has released two media statements regarding the review and minimum housing standards. View the statements below. Sourced from statements.qld.gov.au

Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport The Honourable Mick de Brenni.

Sunday, October 28, 2018

Minimum standards for rental properties to honour baby Bella

The grandparents of a baby girl killed in a tragic accident at a Central Queensland rental property today (Sunday) supported the Palaszczuk Government’s commitment to residential tenancy reform - which they hope will prevent “future tragedies”.

Lyn and Ken Diefenbach have been advocating for prescribed minimum standards for rental properties since the death of their seven-week-old granddaughter Isabella in 2010. Their son was holding baby Bella when a rotten floorboard gave way on the deck of their rental property, and his daughter tragically fell from his arms.

Mrs Diefenbach said Isabella’s death had been “cataclysmic” for the family.

“It’s an ongoing thing, and I don’t think for any family who suffers any trauma, it ever goes away. And it could have been avoided, and it was certainly seen as a preventable incident”.

Mr Diefenbach said he hoped the government’s Open Doors to Renting Reform consultation on property conditions, including minimum standards, would prevent future tragedies – and encouraged all Queenslanders to have their say.

“We want Bella’s death to count for something and we’re pleased there’s now an opportunity for this and other issues to be addressed,” he said. “What we would like is that if anything is identified in a rental property that is not safe, that the tenants are notified as well as the property owner.

“And some sort of regulatory body that’s got teeth so that if nothing is done about it, there are consequences for the property owner and for the agency that’s handling and managing the property.”

Housing Minister Mick de Brenni – who meet with the Diefenbachs in Brisbane earlier this month – said prescribed minimum standards in rental properties would ensure Queenslanders never “felt like they had to live in a dangerous home”.“Queenslanders deserve to know that basic living and safety standards are met in their homes, whether or not they rent it or own it. The Palaszczuk Government is determined to deliver outcomes – and a legacy for baby Bella, and that is why it is so important we hear directly from families like the Diefenbachs.“At the time of this tragedy, the Coroner handed down recommendations that compelled reform to ensure a tragedy like this never happens again.”Member for Keppel Brittany Lauga, who organised the Brisbane meeting between the Diefenbachs and Mr de Brenni, said all Queenslanders deserved a safe, secure and sustainable home.“The sad circumstances surrounding Bella’s family is just one tragic example of why these laws need reforming, and why protection needs to be stepped up,” Mrs Lauga said.“Queensland has one of the highest proportions of people renting in Australia, and many will rent for part or all of their lives. This government wants Queenslanders to have contemporary residential tenancy laws that protect tenants and property owners alike.”The Open Doors to Renting Reform consultation program, which runs until November 30 2018, is being conducted by the Department of Housing and Public Works in conjunction with the Residential Tenancies Authority (RTA) and aims to ensure the Residential Tenancies and Rooming Accommodation Act 2008 provides better protections for tenants and property owners and increases stability in the rental market.The website, survey and information on consultation events can be found at: www.qld.gov.au/rentinginqld ( http://www.qld.gov.au/rentinginqld ) or you can email This email address is being protected from spambots. You need JavaScript enabled to view it. or share your thoughts on social media using the hashtag #rentinginqldMedia Statements

More than 35,000 Queenslanders have their say on Palaszczuk Government rental reform.

Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport The Honourable Mick de Brenni.

Sunday, October 28, 2018

More than 35,000 Queenslanders have their say on Palaszczuk Government rental reform

Minister for Housing and Public Works Mick de Brenni today (Sunday) helped doorknock homes in his Springwood electorate as part of the Palaszczuk Government’s consultation into the future of renting in Queensland.Mr de Brenni said Logan residents were confirming the results of the government’s statewide Open Doors to Renting Reform survey – tenants want a fairer system that helps improve their lives.“We are determined to deliver outcomes because renting affects almost everyone in Queensland in some way – whether they rent, own or manage a rental property, or know someone who does,” Mr de Brenni said.“This consultation is about striking the right balance between a property owner’s house and a tenant’s home, so it’s important that everyone gets to have their say. Apart from doorknocking homes, we’ve held consultation sessions at the Logan Homelessness Connect event, Springwood Mobile Library and the Logan Hyperdome.“And Logan residents are raising concerns being expressed in the wider Open Doors to Renting Reform survey."Across Queensland, more than 35,000 responses have been received in the first 24 days of the state-wide consultation. The issue of pets is proving a hot topic, with an online poll showing 51 per cent of respondents feel renters should be allowed to have a pet without needing to ask permission.“People also want more certainty about their lease, problems fixed up in a timely fashion and minimum standards for properties. They are worried their rent can be increased too often, they want better protections, fewer inspections and rewards for good tenants, and are concerned about tenants’ rights around evictions.”One of properties doorknocked today was the Rochedale South unit rented by Andrew Paul, who has lived there with his wife and two daughters for nearly four years.Mr Paul welcomed the Palaszczuk Government’s consultation program.“While my experience has been good since moving down from Mackay, I think it’s important that everyone works together when it comes to renting – tenants, property owners, real estate agents and the government – the communication has to be continually open,” Mr Paul said.“I’ve got no paintings up in our house because I don’t want to put hooks in, and then be up for the cost of having to patch-up the walls if we ever had to move. But on the other hand, I also understand the risks being taken by landlords who are putting tenants into their investment properties,” he said.The Open Doors to Renting Reform consultation program runs until November 30, 2018 and is being conducted by the Department of Housing and Public Works in conjunction with the Residential Tenancies Authority (RTA). It aims to ensure the Residential Tenancies and Rooming Accommodation Act 2008 provides better protections for tenants and property owners and increases stability in the rental market.The website, survey and information on consultation events can be found at: www.qld.gov.au/rentinginqld ( http://www.qld.gov.au/rentinginqld ) or you can email This email address is being protected from spambots. You need JavaScript enabled to view it. or share your thoughts on social media using the hashtag #rentinginqld

 

26th October 2018 

Follow the Facebook advocacy page "make renting fair for all parties in Queensland" here.

 

25th October 2018

Email sent to our FREE Mailing list included the information below. Tenants Queensland have commenced a campaign to protect tenants. View the Tenants Queensland website page.

 

  Courier Mail newspaper 25th October 2018

 

23rd October 2018

 

Notice to leave for serious breach right for all investors  - PDF version to review available for member offices at member online

 

The current provision section 290A of the RTRA Act should be amended to include all rental property situations; not just Government and community housing providers. Queensland property investors (lessors) should be afforded the same rights and ability to end tenancies when there is a serious breach of a tenancy agreement/contract.The alarming growing societal and community issue of drug use, and the use of property for manufacturing of ‘meth labs’ and ‘using’ drugs is of great concern to all.There is no direct provision in Queensland tenancy legislation to allow the lessor/agent to act on this serious issue. There is provision in current tenancy law for a breach for ‘illegal uses of the premises’, plus urgent applications to tribunal for either objectionable behaviour (s 297) or damage to property (s 296), but there is no direct provision to cover reasonable belief that property has been used for an illegal activity as stated in s 290A (3).Property agents tend to be the main source of angst from neighbours who believe, and or report suspicious behaviour of tenants in rental property. This of course, should be, and is encouraged to be reported to the correct body, the Queensland Police.Another proposal is to mirror New South Wales tenancy law which currently has section 91 (below).91 Use of premises for illegal purposes(1) The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has intentionally or recklessly caused or permitted:(a) the use of the residential premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for the purposes of the manufacture, sale, cultivation or supply of any prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or(b) the use of the residential premises for any other unlawful purpose and that the use is sufficient to justify the termination.(2) In considering whether to make a termination order on the ground specified in subsection (1) (b), the Tribunal may consider (but is not limited to considering) the following:(a) the nature of the unlawful use,(b) any previous unlawful uses,(c) the previous history of the tenancy.(3) The termination order may specify that the order for possession takes effect immediately.(4) A landlord may make an application under this section without giving the tenant a termination notice. (5) The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreementThe amendment of section 290A is more favoured and should be included in this current review of the RTRA Act. Current statistics show from www.qcat.qld.gov.au an alarming wait time for hearings; these delays are growing. To assist in possible delays in hearing times, a notice to leave should be able to be given to tenants if they have been given a serious breach. Enforcement if they should fail to leave, would fall under section 293.Drug use by tenants in rental property is strongly proposed to be in future Queensland tenancy law; this issue regrettably is growing and needs to be legislated to create certainty in the industry of possible action and consequence.This discussion also leads to contamination of rental property due to drug use. Whilst one could argue that current sections 419 and 420 of the RTRA Act allow for compensation to be claimed against tenants if a property is found to be contaminated due to their actions, therefore, the tenant is in breach of section 188 (4). As shown above, the QCAT tribunal hearing times are alarming by way of hearing time frames. The investor in the meantime, must outlay what could be (and often are) thousands of dollars in cost to try to recoup monies owing, and then go through enforcement if monies are awarded via the tribunal process. The reliance on insurance should not be the complete answer and the ‘fall back position’. The below information has been sourced from www.rta.qld.gov.au as at 23 10 18.Meth labs and clean upsWinter 2017The methamphetamine scourge in Queensland is not only taking its toll in human misery, but also creating a nightmare for property managers and owners who have to clean up after the clandestine drug manufacturing operations.It can cost up to $30,000 to rid a property of the potentially deadly chemical residue, a task which can require the services of specialist cleaners, often equipped with protective gear and procedures to protect against the harmful chemicals.These are drugs so potent that they can still be detected after going through a thorough water treatment process.Not only is this activity illegal, it’s against the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) which stipulates:"…a tenant must…(not) use the premises for an illegal purpose…"Where does this leave the property manager/owner?In the RTRA Act, a landlord must "...ensure at the start of the tenancy, the property is fit for the tenant to live in…"Regardless of its size, the residual contamination arising from illicit drug manufacture presents a serious safety risk to human health and the environment.Illegal drug manufacturing most often involves the improper storage and use of toxic and corrosive chemicals.During drug manufacturing, toxic gasses and aerosols are produced. Chemicals used as precursors, and produced as by-products or drug products, can be present in the air and deposited onto surfaces within the home. Contamination persists due to the absorption of chemicals in flooring, walls, drains and ducting, and furnishings and fittings.Exposure to this residual chemical contamination presents a risk to human health, potentially producing symptoms such as throat irritation, breathing difficulties, headaches, skin conditions, and mental health problems.In Queensland, chemical contamination from a meth lab site is deemed a public health risk under the Public Health Act 2005.It is the local government’s responsibility to issue and enforce any Public Health Notice, and it is the property owner’s responsibility to act on and remedy any Public Health Notice.So, what does this mean for the property manager/owner?The bond paid may not cover the cost of a major clean-up. The property manager/owner's option would be to seek compensation from the tenant by going to the Queensland Civil and Administrative Tribunal (QCAT).Property owners may have insurance which will cover the cost of clean ups, but preventing the problem may be achieved by checking references and conducting regular inspections during the tenancy.More information is available by calling the Residential Tenancies Authority (RTA) direct on 1300 366 311.The RTA is the Queensland Government statutory authority that administers the Residential Tenancies and Rooming Accommodation Act 2008. We provide tenancy information, bond management, dispute resolution, investigation, and policy and education services.The above issue needs further debate, consideration and consultation. The main purpose of this submission is to encourage the Government to create more clear legislation when drugs and or drug use is found in rental property; Queensland landlord investors should have the same right as the Government and be able to issue a notice to leave for serious breach which would mean an amendment to section 290A allowing for a notice to leave for serious breach.Yours sincerely, Stacey HoltCompany DirectorReal Estate Excellence Academy Pty Ltd

23rd October 2018

 

Why the removal of without grounds provision from the RTRA Act is not needed- PDF version available for members offices at member online.There has been a long history to remove the ‘without grounds’ provision from the Tenants Union (now Tenants Queensland). There appears to be a national trend under Labor Governments in Australia in supporting the removal in recent times. The New South Wales (NSW) Liberal Government only last week voted down the proposal under the NSW tenancy law review.The push for removal of this provision is perplexing given tenants are protected under current law if the notice of without ground is given in contravention of section 291 (below) of the RTRA Act. Governments should not be able to legislate against an investor right to terminate a tenancy agreement; the legislation is currently balanced for a minority who may do the wrong thing and use this provision against a tenant who is utilising their legal rights.There is no need to create more legislation when tenants are protected well under current law.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. 291 Notice to leave without ground(1) The lessor may give a notice to leave the premises to the tenant without stating a ground for the notice.(2) However, the lessor must not give a notice to leave under this section because—(a) the tenant has applied, or is proposing to apply, to a tribunal for an order under this Act; or(b) the tenant—(i) has complained to a government entity about an act or omission of the lessor adversely affecting the tenant; or(ii) has taken some other action to enforce the tenant’s rights; or(c) an order of a tribunal is in force in relation to the lessor and tenant. (3) Also, the lessor may not give a notice to leave under this section if the giving of the notice constitutes taking retaliatory action against the tenant.(4) A notice to leave under this section is called a notice to leave without ground.Editor’s note— See sections 329(2)(j) (Handover day for notice to leave for premises that are not moveable dwelling premises) and 330(2)(l) (Handover day for notice to leave for moveable dwelling premises) for requirements about the handover day for a notice to leave given without ground for a periodic agreement.292 Application to tribunal about notice to leave without ground(1) This section applies if—(a) the tenant is given a notice to leave without ground; and(b) the tenant reasonably believes the notice was given in contravention of section 291.(2) The tenant may apply to a tribunal for an order to set aside the notice.(3) The application must be made within 4 weeks after the notice was given.(4) On an application under this section, the tribunal may make the order sought if it is satisfied the notice was given in contravention of section 291.Yours sincerely, Stacey Holt Company Director Real Estate Excellence Academy Pty Ltd

 

22nd October 2018

 

Minimum housing standards for Queensland rental property - PDF version of submission available to member offices at member online.

 

It is difficult to provide constructive feedback to the “Property condition join the conversation’ discussion of the RTRA Act review when the regulations required to provide the actual definition of the minimum housing standards are not yet available. Given the amendment to section 185 and the introduction of section 17A as at November 2017 are already in play, further detail should be provided to the sector to allow for a more informed feedback. Any proposed and or draft regulations are needed to provide a constructive platform regarding the impact and benefit (or lack of) to the private rental sector in relation to the proposed minimum housing standards. The questions (as per the website below as at 18th October 2018) are too broad and need further explanation. It is assumed that part of the Government review expectation, is via the feedback provided from tenants, lessors and agents to the questions below, more information will be clarified for the sector moving forward before regulations are introduced.185 Lessor’s obligations generally(1) This section does not apply to an agreement if—(a) the premises are moveable dwelling premises consisting only of the site for the dwelling; and(b) the tenancy is a long tenancy (moveable dwelling).(2) At the start of the tenancy, the lessor must ensure—(a) the premises and inclusions are clean; and(b) the premises are fit for the tenant to live in; and(c) the premises and inclusions are in good repair; and(d) the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and(e) the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.[s 185](3) While the tenancy continues, the lessor—(a) must maintain the premises in a way that the premises remain fit for the tenant to live in; and(b) must maintain the premises and inclusions in good repair; and(c) must ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and(d) if the premises include a common area—must keep the area clean; and(e) must ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.Note—See section 217 for the tenant’s obligations to notify the lessor about damage to premises and the need for repairs.(4) However, the lessor is not required to comply with subsection (2)(c) or (3)(a) for fixtures attached to premises,and inclusions supplied with premises, (the non-standard items) if—(a) the lessor is—(i) the State; or(ii) the replacement lessor under a community housing provider tenancy agreement; and(b) the non-standard items are specified in the agreement and the agreement states the lessor is not responsible for their maintenance; and(c) the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and(d) the non-standard items are not a risk to health or safety;and(e) for fixtures—the fixtures were not attached to the premises by the lessor.[s 186](5) In this section—premises include any common area available for use by the tenant with the premises.Division 4 Prescribed minimum housing standards17A Prescribed minimum housing standards (1) A prescribed minimum housing standard means a standardprescribed by a regulation.(2) A regulation may prescribe minimum housing standards for—(a) a residential premises let, or to be let, under a residentialtenancy agreement; or(b) a rental premises; or(c) inclusions for premises; or(d) facilities in a moveable dwelling park (park facilities).(3) A prescribed minimum housing standard may be for anymatter relating to the premises, inclusions or park facilities,including, for example, the following—(a) sanitation, drainage, cleanliness and repair of thepremises, inclusions or park facilities;(b) ventilation and insulation;(c) protection from damp and its effects;(d) construction, condition, structures, safety and situationof the premises, inclusions or park facilities;(e) the dimensions of rooms in the premises;(f) privacy and security;(g) provision of water supply, storage and sanitary facilities;(h) laundry and cooking facilities;(i) lighting;(j) freedom from vermin infestation;(k) energy efficiency.[s 18](4) If a regulation made under subsection (2) makes provision inrelation to a matter and provision is also made in relation tothat matter by, or under, any Act, the regulation—(a) if not inconsistent with the Act, must be observed inaddition to that Act; and(b) if inconsistent with the Act, is, to the extent of theinconsistency, of no force or effect and that Act prevails.Example of inconsistency between a prescribed minimum housingstandard and an Act—A prescribed minimum housing standard, that purports torequire a lessor to keep residential premises and inclusions cleanafter the start of a tenancy, is inconsistent with the obligations ofa tenant under section 188(2).(5) A regulation may also prescribe how compliance withminimum housing standards is to be monitored and enforced.(6) In this section—premises means premises mentioned in subsection (2)(a) or (b).Extract from the review website below.Property conditionEvery Queenslander has a right to live in a safe, secure and sustainable home.It’s important that rental properties across the state are fit to live in and stay in good repair throughout a tenancy.Property owners must ensure rental premises and inclusions provide a safe environment for tenants, while tenants have a responsibility to look after the rental property, keeping it clean and in good order.This week, we want to hear your experiences and ideas about minimum housing standards in a rental property, repairs and maintenance, and energy efficiency options to minimise cost of living.Every Queenslander has a right to live in a safe, secure and sustainable home.It’s important that rental properties across the state are fit to live in and stay in good repair throughout a tenancy.Property owners must ensure rental premises and inclusions provide a safe environment for tenants, while tenants have a responsibility to look after the rental property, keeping it clean and in good order.This week, we want to hear your experiences and ideas about minimum housing standards in a rental property, repairs and maintenance, and energy efficiency options to minimise cost of living.

• Snap poll
• Join the conversation
• Minimum housing standards

Tell us what you think:

• What do you think are acceptable standards for the condition of rental properties?
• What standards of safety should Queensland rental properties be required to meet?
• What should happen if minimum standards are not met?
• How would minimum standards for rental accommodation impact you as a tenant, owner or manager?

Tell us what you think:

• What do you think are acceptable standards for the condition of rental properties?
• What standards of safety should Queensland rental properties be required to meet?
• What should happen if minimum standards are not met?
• How would minimum standards for rental accommodation impact you as a tenant, owner or manager?

Repairs and maintenance Tell us what you think:

• What does ‘clean’, ‘fit to live in’ and ‘in good repair’ for rental properties mean for you?
• How could managing the ongoing repair and maintenance of rental properties be improved?
• How can we improve the way in which damage caused to a Queensland rental property is dealt with?

Tell us what you think:

• What does ‘clean’, ‘fit to live in’ and ‘in good repair’ for rental properties mean for you?
• How could managing the ongoing repair and maintenance of rental properties be improved?
• How can we improve the way in which damage caused to a Queensland rental property is dealt with?

Go to discussionMinimising living costs Tell us what you think:

• How could energy and water efficiency of rental properties be improved?
• What would encourage energy and water efficiency features to be included in rental properties, like solar panels or water saving devices?

Tell us what you think:

• How could energy and water efficiency of rental properties be improved?
• What would encourage energy and water efficiency features to be included in rental properties, like solar panels or water saving devices?

Go to discussionSafety Tell us what you think:

• How can housing design and safety measures be improved in the rental market?
• What reasonable modifications should tenants be allowed to make for safety reasons?

Tell us what you think:

• How can housing design and safety measures be improved in the rental market?
• What reasonable modifications should tenants be allowed to make for safety reasons?

Go to discussionWith the limited information available without the regulations, the following feedback is hereby provided;Whilst the focus and importance of having safe rental properties is paramount, the cost for compliance to the sector and the possible impact to the private rental market could be catastrophic to say the least to all parties involved, including tenants which may see rents rise to recoup the possible costs to investors. Landlords (lessors) already have clear statutory obligations in relation to ensuring properties are safe and fit to live in through section 185. If landlords fail in their obligations, tenants could utilise their many rights to ensure the landlord meets their legislative obligation.  Tenants already have adequate rights when it comes to maintenance concerns of rental property particularly given the overarching provision of section 185 relating to landlord obligations. They can choose, depending on the situation one of more of the following;o Breaching the lessor under section 185 of the RTRA Acto Applying to the RTA dispute resolution via form 16o If the matter is unresolved, apply to tribunal for an order about the mattero Apply to tribunal via section 191 if the criterion is meto Seek a rent reduction under section 94It is strongly recommended before the proposed bill moves forward in relation to minimum housing standards, more information is provided to the sector to enable a more informed debate surrounding what the Government is proposing to be minimum housing standards for Queensland rental property.Yours sincerelySent via email This email address is being protected from spambots. You need JavaScript enabled to view it. HoltCompany DirectorReal Estate Excellence Academy Pty Ltd

 

19th October 2018

 

The Government overnight released a new poll question and new discussion regarding the condition of rental property. This is the beginning of the discussion regarding minimum housing standards for Queensland rental property. (Refer to information further below on this blog regarding this matter). Vote, join the discussion or have your say via written submission here. Watch a short video from Stacey Holt here.

 

17th October 2018

Sourced article click here

 

14th October 2018

 

I had a very productive and positive meeting with Government representatives regarding the RTRA Act review on the 12th October. I am in the midst of writing an update for Real Estate Excellence member offices to provide further information in relation to what will happen after 30 November (the closing date of this part of the review). I shall discuss this at all my upcoming training events as well.

 

 

I am updating my previous thoughts and questions regarding the way Government are conducting this review as blogged on the 3rd October. The Government stated in the meeting they are looking to reach a broad audience and have authentic conversations with all parties so that everyone can have a view. The only further comment as constructive criticism is this should have been communicated when the review was announced, and the intentions of the Government clearly known by all in the sector.

 

Traditionally when there is a review of legislation, a discussion consultation paper is released and meetings are held. Peak and advocacy groups are usually only at meetings and commonly are the main people that respond via written submissions. The words 'disruptive and innovative' were used to me from the Government representatives which I now understand after this meeting due to reasons mentioned above. There are many ways people can have their say via the Government methods being used; snap polls, a survey, forum discussions, social media, pop up kiosks and written submissions. I would like to remind and encourage the real estate industry and investors that any matter can be addressed via the written submission format. A thesis does not have to be written and a few paragraphs (or less) can be submitted to have your say on any matter that you feel needs change and or addressing as part of the review of this very critical legislation. An election committment by the Labor Government is for the bill to be in Queensland Parliament by 30 June 2019.

 

Have your say here and below 

• Complete the survey
• Attend a consultation
• Make a written submission

14th October 2018

 

12th October 2018

 

I have had a meeting with Government in relation to the RTRA Act review. I will write a paper for members and email next week.

 

Members and non members of Real Estate Excellence; I will discussing all my upcoming QLD Training events. Information at link below

 

https://www.realestateexcellence.com.au/trainingevents

8th October 2018

 Real Estate Excellence submission to Government regardings pets, tenants making changes to the property and entry is available at member online for member offices.

4th October 2018

 Why legislation does not need to change regarding tenants making alterations to a property.

A reference to the requirements when tenants wish to make any changes to the property is currently covered in standard term 27 of the lease / tenancy contract agreement (Form 18a). The relevant sections of the RTRA Act are as follows. Landlord should retain the right to know what changes are being made to their property, and their consent sought. Tenants may drill holes, place excessive amounts of hooks in property that may aesthetically change the property, and or damage the property in the process. Tenants are protected if a lessor is unreasonable in any written requests. As the Minister in his tweet below reference, planting of flowers are innocent enough, but creation of gardens can create dispute in the future when the current tenants chose to move to another home, and the new tenants are faced with the possibility of gardens to maintain.

Keep the law as it. This is fair for all parties.

207 Attaching fixtures and making structural changes

The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or structural change.

208 Agreement about fixtures and structural changes

 (1) The lessor’s agreement to the attaching of a fixture, or making of a structural change, must—

(a) be in writing; and

(b) describe the nature of the fixture or change; and

(c) include any terms of the agreement.

(2) For an agreement about attaching a fixture to premises, the terms may include terms about—

(a) whether the tenant may remove the fixture; and

(b) if removal by the tenant is allowed—

(i) when and how the removal may be performed; and

(ii) the obligation of the tenant to repair any damage caused to the premises in the removal or compensate the lessor for the lessor’s reasonable costs of repairing the damage; and

(c) if removal by the tenant is not allowed—the obligation of the lessor to compensate the tenant for any improvement the fixture makes to the premises.

(3) The lessor must not act unreasonably in failing to agree to the attaching of a fixture, or the making of a structural change, to the premises.

(4) If the lessor agrees to a fixture being attached, or a structural change being made, to the premises by the tenant, the tenant must not contravene a term of the agreement.

209 Attaching fixture or making structural change without lessor’s agreement

 (1) If the tenant attaches a fixture, or makes a structural change, to the premises without the lessor’s agreement, the lessor may—

(a) waive the breach; and

(b) treat the fixture or change as an improvement to the premises for the lessor’s benefit.

(2) The lessor may take the action under subsection (1) instead of taking action for a breach of a term of the residential tenancy agreement by the tenant.

4th October 2018

Tweet from the Housing Minister of Queensland.

If you do not agree with the QLD housing minister, consider sending an email This email address is being protected from spambots. You need JavaScript enabled to view it. advising you don’t agree and why. It must be noted that section 185 RTRA Act states as part of Lessor obligations "if the premises include a common area—must keep the area clean" (part of section 185 currently). This would usually fall under Body Corporate obligations. Property managers do not clean or test anything. They manage tenancy. Plus, the review at this point is only '4 days old'.

If you do email the Government as above, I welcome you to cc me into the emails for my reference, your email would be confidential and for my business only. Thank you. Stacey Holt. This email address is being protected from spambots. You need JavaScript enabled to view it.

3rd October 2018

How the Queensland Government have thrown a whole sector into chaos

The Labor Government of Queensland announced late Sunday morning during a long weekend that state tenancy laws are under review. The strategy behind the review is unprecedented with stakeholders’ options to contribute to discussion group forums online, snap polls, questions of the week, pop up stalls. Where is the discussion paper? Are we going to drag out the review for two months using the questions of the week, flawed snap polls, pop up kiosks and sponsored ads on social media?

The snap poll system at https://www.yoursayhpw.engagementhq.com/about-renting-in-qld are flawed with ability to vote more than once. What is the point of such a system?

I assume after the two months (ending 30 November 2018), the Government will review and then release draft legislation for further consultation? Given these are unprecedented ways to conduct a review of critical legislation, this is also uncertain. This issue most likely will take some time, even years, but again, this is all uncertain with the way the review has been announced and is being conducted.

I wrote to the Government on Monday morning (part of email below) and have yet to receive a reply; yes, they have more important things to do then sit around waiting for my email and reply to it. But when the questions are urgent and legitimate, surely a public servant can take the time to address an industry concern. The way the review is being carried out, as mentioned above, is creating angst, uncertainty, anger, frustration and basically fear amongst the sector.

“With respect, after many years in Policy and being part of past reviews of the Act/s, I am a little perplexed by the new website and what is going to happen moving forward as part of the RTRA Act review.

As you would be aware, most consultations have a draft paper as part of review; is this going to occur? Regarding the options of having a say, is it going to be a ‘question of the week’ format with a poll, survey, group discussions and written submission based on a blank canvas?

The main question I have is there going to be a consultation paper to respond to or will it be just as above?

Thank you for your time and for understanding the urgency of these questions. We need certainty moving forward to ensure the review is balanced, understood and as many stakeholders as possible have an opportunity to have a meaningful say and provide the feedback needed to move forward to ensure the review is reasonable.”

Adding further to the confusion and uncertainty is the Residential Tenancies Authority (RTA) announcement www.rta.qld.gov.au (below) which includes the following statement; does this mean free for all based on blank canvas, or are these going to be the snap poll system, questions of the week etc.

This is your chance to comment on a wide range of topics related to renting, such as looking for a property, finding tenants, bond payments, rent payments and increases, renting with pets, requesting or organising maintenance and repairs, breaking leases and more.

Have your say on renting in Queensland

If you are a tenant, rental property owner or property manager, the Queensland Government is opening the door to renting reform, and invites you to share your ideas about renting in Queensland.

You can have your say by completing a short online survey or by visiting a community consultation event.

Your feedback will help inform a review of the Residential Tenancies and Rooming Accommodation Act 2008, and help shape the future of renting in Queensland, ensuring better protection for tenants and property owners.

The Open Doors to Renting Reform consultation is being undertaken by the Department of Housing and Public Works, together with the Residential Tenancies Authority (RTA).

This is your chance to comment on a wide range of topics related to renting, such as looking for a property, finding tenants, bond payments, rent payments and increases, renting with pets, requesting or organising maintenance and repairs, breaking leases and more.

The Queensland Government is casting the net wide to listen to the challenges and opportunities with renting, and understand the issues across the state throughout the ‘looking, leasing, living, leaving’ rental cycle.

Have your say about renting in Queensland by completing the online survey at www.qld.gov.au/rentinginqld or visit the website for information on community consultation booths.

Emotive tweets such as below from the Premier (Saturday evening 30 09 18) do not assist in a fair and reasonable discussion to ensure all parties wants are balanced and fair.

3rd October 2018

Why the without grounds provision for ending a tenancy should stay in tenancy legislation.  Read more here

2nd October 2018

Suggestions on how to have your say

The Government have a 'new way' to seek feedback regarding the RTRA Act review (as per my email to them 1st October below). In lieu of a response to my email at the time of this blog, I have taken the assumption this is the way they are going to carry out the review for now. Therefore, moving forward, the ways feedback can be given by all stakeholders are as follows;

• Vote on their snap poll and visit their site often *weekly by the looks at the moment https://www.yoursayhpw.engagementhq.com/about-renting-in-qld
• Sign up and join their website https://www.yoursayhpw.engagementhq.com/about-renting-in-qld
• Join the discussion at the above website
• Attend at consultation event (information at their website)
• Write submissions and email to the email supplied on the website
• I have decided to write submissions and have chosen to take the questions from the discussion group forum at their website and make into a document. View the week one draft submission - Real Estate Excellence members, please contact me to review
• Keep an eye on my running blog here

Real Estate Excellence member offices - I will upload all submissions to the folder at Member online as shown below. I am going to write submissions each week during the review, then collate into one paper. You can visit member online anytime to review and provide any feedback to me which would be appreciated. I shall keep you informed via the member update service as well.

Stacey Holt

1st October 2018

I have written to the Government this morning as per below.

Good morning

My name is Stacey Holt and I represent over 250 member offices in Queensland, plus I am an educator, trainer and advisor for the Real Estate Industry www.realestateexcellence.com.au

With respect, after many years in Policy and being part of past reviews of the Act/s, I am a little perplexed by the new website and what is going to happen moving forward as part of the RTRA Act review.

As you would be aware, most consultations have a draft paper as part of review; is this going to occur? Regarding the options of having a say, is it going to be a ‘question of the week’ format with a poll, survey, group discussions and written submission based on a blank canvas?

The main question I have is there going to be a consultation paper to respond to or will it be just as above?

Thank you for your time and for understanding the urgency of these questions. We need certainty moving forward to ensure the review is balanced, understood and as many stakeholders as possible have an opportunity to have a meaningful say and provide the feedback needed to move forward to ensure the review is reasonable.

Stacey Holt

1st October 2018

Sourced from the Courier Mail 01 10 18

The QLD Government released the RTRA Act review information-   30th September

View "Open doors to rental reform" QLD Government website as part of RTRA Act review

Real Estate Excellence member offices;  I shall review the consultation draft and advise you via the member update membership service.

30th September 2018 - the above article sourced from the Sunday Mail page 9

Short video update - view here

30th September 2018 - Government release sourced from statements.qld.gov.au 1pm

Media Statements

The Palaszczuk Government Opening the Doors to Renting Reform

Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport The Honourable Mick de Brenni.

Sunday, September 30, 2018

The Palaszczuk Government Opening the Doors to Renting Reform

The Queensland Government is undertaking a state-wide consultation in readiness for important reforms to residential tenancy laws for renters and property owners to ensure Queenslanders needs will be met now and into the future.

To start the process this week, renters, landlords and real estate agents will be contacted and asked for their views, how the market is changing and how well the system is working.

This is a key part of the Palaszczuk Governments ‘Open Doors to Renting Reform’ consultation process announced today.

Feedback will also be sought from landlords and the rental property industry in a bid to protect all involved and to improve housing stability for people living in the private market.

Premier Annastacia Palaszczuk said all Queenslanders deserve a safe, secure and sustainable home, and we know that many Queenslanders see investing in rental properties as a way of securing their financial future.

“My Government wants Queensland to have contemporary residential tenancy laws that protect tenants and property owners alike and improve stability in the rental market,” the Premier said.

“The last full-scale review and changes to the tenancy regulations dates back to 1970’s. It’s well and truly time for another now.

“Queensland has one of the highest proportions of people renting in Australia, and many will rent for part or all of their lives.

“Currently 34% of Queensland households are finding their homes in the rental market and many a renting for longer.

“In fact, 43% of tenants have been renting for over 10 years.”

42% of families rent in the private sector.

A national tenant survey released jointly in 2017 by CHOICE, National Shelter, and National Association of Tenant Organisations reported a range of concerns from tenants.

• 62% feel they can’t ask for change.
• 50% fear being blacklisted on a tenancy data base.
• 21% said they had waited more than 7 days for urgent repairs.
• 20% have had maintenance issues.
• 8% live in a home in need of urgent repairs.

Rental property owners have also expressed concern that when things go wrong, such as rent arrears or evicting tenants, it comes at a high cost, and rental bonds may not cover all expenses they incur at the end of a tenancy.

The average cost to replace a tenant at the end of a fixed term lease is $1800.

Minister for Housing and Public Works Mick de Brenni said we want to make sure those living in rental accommodation can enjoy a decent standard of living and that property owners have well managed properties.

“Over the next three months, I want the state-wide consultation to come up with answers as to how can people better enforce their rights and how can competing interests be managed better,” Mr de Brenni said

“Many tenants have raised with me that it is difficult to hang your kids school photos or paintings on the wall in rental properties.

“Australians have one of the highest rates of pet ownership in the world with 62 per cent of households keeping a pet, however only 10% of rental properties have pets living in them.

“How can we make it easier for landlords and tenants to agree on having a pet?

“How can we make it easier for tenants to add finishing touches to their home, without causing damage that would be costly for property owners? “

“Property owners have raised with me that they want to see regular inspections to properties and for repairs to be addressed more quickly to ensure their investments are protected”

“And while Tenancy legislation provides the framework and processes to follow, sometimes things go wrong.

“People may have to take further action, such as dispute resolution through the Residential Tenants Authority, or going to the Queensland Civil and Administrative Authority to get orders enforced.

“For both property owners and tenants , this can be time consuming and challenging and they may require further support.”

Deputy Premier and Member for South Brisbane Jackie Trad said the Government wanted to shape any reforms from the experiences of tenants and landlords alike.

“Here in my community of South Brisbane we have a particularly high proportion of renters, with over 61 per cent of households being rentals. Of those almost half of renters are in apartments,” Ms Trad said.

“I hear from my community all the time that these laws need reforming and that protections need to be stepped up.

“We want to hear from as many residents as possible about what they want to see changed.

“At the last election we committed to introducing minimum standards to rental properties and we know there’s more things to be done to help make renting fairer for everyone.”

The Open Doors to Renting Reform consultation program is being conducted by the Department of Housing and Public Works in conjunction with the Residential Tenancies Authority (RTA), and aims to ensure the Residential Tenancies and Rooming Accommodation Act 2008 provides better protections for tenants and property owners and increases stability in the rental market.

The consultation runs from 30 September until 30 November 2018, featuring a range of consultation activities including pop-up kiosks at markets and shopping centres where people can share their views and experience of renting in Queensland.

The website, survey and a discussion paper as well as information on the dates and locations of consultation events can be found at: www.yoursayhpw.engagementhq.com/rentinginqueensland (external site) ( http://www.yoursayhpw.engagementhq.com/rentinginqueensland )

The online survey can be found at www.qld.gov.au/rentinginqld ( http://www.qld.gov.au/rentinginqld ) or you can email This email address is being protected from spambots. You need JavaScript enabled to view it. ( mailto:This email address is being protected from spambots. You need JavaScript enabled to view it. ) or share your thoughts on social media using the hashtag #rentinginqld.

Media contact: Cat Milton 0447 117 132

23rd September 2018

The RTA have advised the RTRA Act will soon be going under review. Information was supplied to Real Estate Excellence member offices and our FREE mailing list last week. If you would like to receive updates to your email inbox, email This email address is being protected from spambots. You need JavaScript enabled to view it. and state your name, email and location (such as Mackay).

Section 185 of the RTRA Act was amended last year and was enacted (as per blog notes below) 10th November 2017; brand new section 17a (below) also came in to effect.

The proposed regulations, and what may be the minimum housing standard (s) for Queensland rental property are expected to be part of the Act review. All of Real Estate Excellence education and training events have advised attendees of the new laws and updates and will continue to do so. 

Division 4 Prescribed minimum housing standards

 17A Prescribed minimum housing standards

 (1) A prescribed minimum housing standard means a standard prescribed by a regulation.

(2) A regulation may prescribe minimum housing standards for—

(a) a residential premises let, or to be let, under a residential tenancy agreement; or

(b) a rental premises; or

(c) inclusions for premises; or

(d) facilities in a moveable dwelling park (park facilities).

(3) A prescribed minimum housing standard may be for anymatter relating to the premises, inclusions or park facilities, including, for example, the following—

(a) sanitation, drainage, cleanliness and repair of the premises, inclusions or park facilities;

(b) ventilation and insulation;

(c) protection from damp and its effects;

(d) construction, condition, structures, safety and situation of the premises, inclusions or park facilities;

(e) the dimensions of rooms in the premises;

(f) privacy and security;

(g) provision of water supply, storage and sanitary facilities;

(h) laundry and cooking facilities;

(i) lighting;

(j) freedom from vermin infestation;

(k) energy efficiency.

[s 18]

(4) If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation—

(a) if not inconsistent with the Act, must be observed in addition to that Act; and

(b) if inconsistent with the Act, is, to the extent of the inconsistency, of no force or effect and that Act prevails.

Example of inconsistency between a prescribed minimum housing standard and an Act—

A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188(2).

(5) A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced.

(6) In this section— premises means premises mentioned in subsection (2)(a) or (b).

Real Estate Excellence member offices - The November member update services provided important information regarding these new laws.

Real Estate Excellence members - Receive immediate updates by joining the  Member office private Facebook group (QLD Real Estate Excellence member office staff only).

Reminder to member offices, new folder at member online.