Queensland tenancy law reform / RTRA Act laws
RTRA Act - Rental law reform
Updates will be provided to Real Estate Excellence member offices via the Real Estate Excellence Member email update service.I will be covering the proposed changes (and more) in upcoming September/October PME half day training events held throughout Queensland. Training/Events (realestateexcellence.com.au) - Stacey Holt.
16th August 2024 - Stage 2 commencement dates announced
The Queensland Government have advised that the 2nd part of Stage 2 tenancy laws will commence in a further two stages - 30 September 2024, and 1 May 2025.
Members of Real Estate Excellence will receive further information in due course via the Real Estate Excellence Member Updates service.
Upcoming Queensland half day PME training events will focus on the changes Training/Events (realestateexcellence.com.au).
7th June 2024 - National Cabinet Decision - A Better Deal for Renters.
Queensland has led the way with Stage 2 tenancy law reforms in relation to the National Cabinet Decision - A Better Deal for Renters agreement made in August 2023.
Housing is a state/territory Government responsibility and not Commonwealth/Federal Government. This is the main reason all state and territories in Australia have differing tenancy laws.
As blogged in August 2023, all State and Territory Housing Ministers agreed to "A Better Deal for Renters" at National Cabinet chaired by the Australian Prime Minister. Following is what was agreed upon for all Housing Ministers.
A Better Deal for Renters
- Develop a nationally consistent policy to implement a requirement for genuine reasonable grounds for eviction, having consideration to the current actions of some jurisdiction
- Ensure provisions to allow appeals against retaliatory eviction notices are fit for purpose (e.g. evictions motivated by tenants taking reasonable action to secure or enforce legal rights, complain or disclose information about their tenancy).
- Move towards a national standard of no more than one rent increase per year for a tenant in the same property across fixed and ongoing agreements.
- Implement a ban on soliciting rent bidding.
- Allow tenants experiencing domestic or family violence to:
- End agreements without penalty and with a streamlined process and evidence e.g. a declaration by a prescribed professional such as a doctor or support service worker;
- Change the locks and make security improvements without the landlord’s permission;
- Have their name removed from databases due to property damage caused by family or domestic violence; and
- With jurisdictions to consider further action to protect tenants who are victim survivors of domestic or family violence e.g. the ability to apply to have the perpetrator removed from the tenancy.
- Limit break lease fees for fixed term agreements to a maximum prescribed amount which declines according to how much of the lease has expired (e.g. a maximum of four weeks’ rent if less than 25 per cent of the fixed term has expired).
- Make rental applications easier and protect renters’ personal information:
- Prescribe a rental application form in each jurisdiction, with required documents limited to two in each of the following categories: identity, financial ability to pay rent, suitability;
- Require the destruction of renters’ personal information three years after a tenancy ends and three months after tenancy begins for an unsuccessful applicant;
- Require tenants’ personal information to be provided and corrected within 30 days of a request by a tenant or prospective tenant; and
- Specify information not allowed to be collected from a tenant or more generally (e.g. disputes with landlords).
- Consider options for better regulation of short-stay residential accommodation.
- Phase in minimum quality standards for rental properties (e.g. stovetop in good working order, hot and cold running water).
6th June 2024 - Part of Stage 2 tenancy law changes commence (upon assent).
24th May 2024 - Stage 2 tenancy laws have passed.
The Queensland Government’s Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (the Bill) was passed by Parliament on Thursday 23 May 2024 and will become law on dates to be advised. www.rta.qld.gov.au
17th May 2024 - Stage 2 update
15th May 2024 - A video update regarding Stage 2 tenancy law reforms, CPD and more. Watch here.
10th May 2024 - Committee report released
9th May 2024 - Committee reporting to the Parliament on 10th May 2024
Stage 2 of the Rental law reforms went to a Parliamentary Committee (as part of common procedures - see below link). The Committee report, after public submissions and hearings will report to the Government on 10th May. Some proposed changes will commence upon assent, whilst others will be upon proclamation. Read more information about the parliamentary process and how laws are made, and or amended at the following link How laws are made | About Queensland and its government | Queensland Government (www.qld.gov.au)
A reminder no laws have yet changed, and all current laws are still in place at date of this blog post.
Sourced information below.
COMMITTEE’S REPORT
The committee is due to table its report on 10 May 2024.
Once the committee’s report has been tabled, the Government has three months to respond to the report’s recommendations (if any). At that time, the Government Response will be published (at the link below).
Read more at the following link Committee Details | Queensland Parliament
28th April 2024 - Public Hearing Stage 2 tenancy law reforms
Click on the following link Public Hearing, 29 April 2024.pdf (parliament.qld.gov.au) - scroll down to the bottom of the Page and click on Parliament TV link. And or click on Program below.
Public hearing(s): | Monday, 29 April 2024 - 9.45am - Program |
10th April 2024 - Stage 2 tenancy law reform, Mandatory CPD and more - Video
Watch video here.
Stage 2 tenancy law closing date for written submissions 10th April 2024.
Public briefing - Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (Department of Housing, Local Government, Planning and Public Works) | 10:00am - 10:45am | Undumbi Room and videoconference* |
Sourced from Upcoming Committee Business | Queensland Parliament Upcoming Committee Business | Queensland Parliament
21st March 2024 - Stage 2 tenancy law reforms introduced to Parliament.
Media statement from the Labor Government
Homes for Queenslanders: Reforms introduced to make renting fairer and easier
Minister for Housing, Local Government and Planning and Minister for Public Works | The Honourable Meaghan Scanlon
- The Miles Government delivers Homes for Queenslanderswith introduction of Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024
- The Bill will legislate reforms like banning rent bidding, pave the way for a code of conduct for the rental sector and portable bond scheme, as well as tying limits on rental increases to the property
The Miles Government continues to deliver on actions from Homes for Queenslanders, today introducing the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (the Bill) into the state’s parliament.
The Bill will make law a number of actions outlined in the government’s housing blueprint, including:
- banning all forms of rent bidding
- requiring bond claims to be supported by evidence
- protecting renters’ privacy by requiring a minimum 48 hours entry notice
- setting up a prescribed form to be used to apply for a rental home, with any information collected to be handled securely
- limiting reletting costs based on how long is left on a fixed term lease, and
- giving renters a fee-free option to pay rent and choice about how they apply for a rental property
The Bill will establish a head of power to establish a rental sector code of conduct, a framework for parties to agree on installing modifications in rental properties and a portable bond scheme.
It will also amend laws to attach the 12-month limit on rent increases to the property instead of the tenancy, to help stabilise rents and provide more certainty for renters.
To make sure reforms are enforced, the Bill will also put the focus of Residential Tenancies Authority’s role on administering and enforcing rental reforms.
The Bill follows extensive engagement with renters, rental property owners and managers, peak and advocacy groups and the broader sector.
It delivers on a raft of National Cabinet commitments under A Better Deal for Renters, including prescribing a rental application form, limiting what information can be requested from a prospective renter and limiting reletting costs.
The Bill builds on reforms introduced in 2021, including:
- Ending without grounds evictions, providing more certainty about how and when a tenancy can end
- Strengthening protections for renters against retaliatory actions, such as eviction and rent increases, if they try to enforce their rights
- Setting minimum housing standards to ensure rentals are safe, secure and functional
- Making it easier for renters to have a pet
- Giving renters experiencing domestic and family violence the right to end their tenancy with limited liability for end of lease costs.
Following its introduction, the Bill has been referred to the parliament’s Cost of Living committee ahead of debate in parliament later this year.
Quotes attributable to Housing Minister Meaghan Scanlon:
“More than 600,000 Queensland households rent. These reforms are about making renting fairer, safer and easier.
“Renters won’t have to find additional money for a new bond when they move, and they won’t have to bid more than advertised on a rental.
“Renters will have their privacy protected and a new code of conduct will stamp out dodgy and unprofessional practices.
“While the LNP tore up the code of conduct and axed tenancy support, our Labor Government will never turn our back on renters.
“These important protections go alongside cost-of-living support we are rolling out for Queenslander renters to cover things like rent arrears and increases, and this Bill will make sure they can get a home and stay in it.”
Published Today at 12:00 PM | https://statements.qld.gov.au/statements/99937
1st March 2024 - Stage 2 update.
Sourced from www.housing.qld.gov.au March 1 2024.
29th February 2024 - Email sent to our FREE Industry Mailing List. Real Estate Excellence Industry Updates
Given some unprofessional, offensive, and unfair comments being made by the Labor Premier and Housing Minister since the announcement of Stage 2 tenancy laws coming soon, I wanted to share the below with you.
The Labor Government policy is shown in the screenshot below regarding possible Code of Conduct under the RTRA Act. Agents/ Property Managers are regulated via the OFT Property Occupations (PO) Act which commenced December 2014.
The PO Act replaced the former PAMD Act which no longer exists. In the previous PAMD Act, we had a “Code of Conduct”. That was renamed in the PO Act/ regulations to “Conduct Standards”. Refer to section 235 PO Act.
The RTA regulate the RTRA act which covers rights and obligations of lessors and tenants in Queensland. The Agent (property manager) managers their clients rights and obligations, whilst having a duty of care to tenants.
The RTA does not regulate agents as such; they enforce compliance and the laws which they deal with agencies when needed acting on behalf of lessor. It’s going to be interesting as stage 2 of tenancy laws unfold soon as to how the proposed code of conduct under the RTRA act will Apply. Assuming to lessors as well for now, and to capture private managing lessors. RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au)
In good faith, I remind the industry, and particularly Real Estate Excellence members Membership services, benefits and options (realestateexcellence.com.au), be careful of headlines moving forward. The detail is what we need and will get soon. Members, as always, we shall keep you informed via the Member update email service. Real Estate Excellence Member Updates Plus, all relevant training events will cover what’s needed and are fact. Training/Events (realestateexcellence.com.au)
21st February 2024 - Summary of key Stage 2 rental reforms announced. A professional courtesy reminder (and as discussed during my February/ March 2024 Queensland half day PME Training/Events (realestateexcellence.com.au), the devil is in the detail. Whilst below is useful, they are not facts meaning the devil is in the detail. Until we see the Bill introduced into Parliament, we will not know the detail.
Stacey Holt.
- Introduction of a rental bond roll-over scheme to allow bonds to be transferred between tenancies. A bridging bond loan product will be introduced by the Department of Housing, Local Government, Planning and Public Works (the Department) while this scheme is established to assist eligible households to afford the upfront cost of a new bond, pending release of their old bond
- Rent bidding and acceptance of higher rent offers will be banned and penalties enforced
- Rent increase frequency will be tied to the property, instead of the tenancy
- New framework for parties involved in a tenancy to agree on installation of minor modifications
- Entry notice requirement to change from 24 hours to 48 hours’ notice
- Fee free options for tenants to pay rent
- Prescribed timeframes for when tenants must receive utility bills for payment
- Code of Conduct for the rental sector
- Standardised rental application form
- Limiting break lease/reletting fees based off time left on tenancy agreement
- New/improved rental grants and subsidies, and expansion of the Department’s RentConnect frontline service officers (increased to 42 from 21).
Sourced from RTA latest update news email 21st February 2024.
14th February 2024 - Government update
Support Queensland renters
Snapshot
- $160 million Renters Relief Package to tackle the cost of living
- Consultation to introduce a rental sector code of conduct
- Ban on rent bidding
- Portable bond scheme to cut the up-front cost of moving house
As Queensland changes, so too does our housing system. More people are renting – and for longer than ever before.
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October 2021
Rental reform that puts people first -
July 2023
Rent increases limited to once a year -
July–August 2023
Consultation to ensure annual rent increase limit is effective -
August 2023
Move by National Cabinet to strengthen renters’ rights across Australia
Renters deserve a safe and secure place to call home and make their own. In a tight rental market, it’s more important than ever to support renters to find a rental home and afford to keep it.
Today, Queenslanders who’ve never needed help with renting are reaching out for assistance or moving too far from their jobs, schools and families.
The Queensland Government is supporting renters with reforms to improve the experience of renting, as well as products and services to help renters who are struggling.
We have built a team of frontline staff to provide practical support, and paid $85 million to help 78,000 Queensland renters with bond loans and rental grants, RentConnect services and rental security subsidy payments.
We’ve overhauled rental laws to protect renters’ rights. Now we’ll take that further with consultation on a new rental sector code of conduct, a ban on rent bidding and a portable bond scheme to reduce moving costs when changing tenancies.
Additionally, we’re implementing a boosted Renters Relief Package to help Queenslanders find, get and keep a secure home in the private rental market.
See our rental track record in this timeline.
What's to come
Modernising the housing legislative framework
We will continue to modernise the housing legislative framework to improve consumer protections in the rental market, residential parks, retirement villages and residential services, while ensuring that it’s still viable for investors and operators to provide these housing options.
A renters relief package
We will deliver a comprehensive $160 million Renters Relief Package to help tackle the cost of living with more funding, expanded eligibility and new ways to help renters into a home. The package will give more households immediate cost-of-living support while we build new homes, including help to pay bonds and rent. We are also doubling our specialist customer service team at Housing Service Centres around Queensland, with more than 40 new RentConnect officers to assist renters at every stage of their housing journey.
We’ve expanded eligibility to deliver more support for more Queenslanders:
- bond loans – interest and fee-free bond loans for renters
- bond loans plus – a loan to cover both the rental bond and 2 weeks rent
- rental grants – a one-off grant of 2 weeks rent to support people in crisis
- rental security subsidy – a payment that can help people stay in their home.
Portable bonds
Pressure in the rental market means a lot of people are having to move around more often to find a home they can afford. We are reducing the costs of moving by introducing legislation to establish a portable bond scheme that allows renters to transfer their bond when relocating from one rental property to another.
Strengthening renters’ rights
- Banning all forms of rent bidding
- Creating a framework for parties to agree on installing modifications in rental properties
- Protecting renters’ privacy by requiring 48 hours entry notice and developing a prescribed form for all rental home applications
- Limiting re-letting costs based on the time remaining on a fixed-term lease
- Giving renters a fee-free option to pay rent, and choice about how to apply for a rental property and receive utility charges
Consultation on a rental sector code of conduct
We must do more to strengthen the rules and clarify the expectations of all parties in the rental sector. The government will consult on a rental sector code of conduct to strengthen these rules and protect all parties.
Read more
- Products and support for renters
- Advice about renting
- Advice and resources for landlords
- Rental law reforms in Queensland
- Residential Tenancies Authority
Sourced from www.housing.gov.au 14th February 2024.
4th February 2024 - Media Statement - Homes for Queenslanders: Miles Government backs renters
JOINT STATEMENT
Premier
The Honourable Steven Miles
Minister for Housing, Local Government and Planning and Minister for Public Works
The Honourable Meaghan Scanlon
- Miles Government backing state’s renters with support package to provide more financial aid, rights and protections
- $160 million support will provide more assistance for people to find, get and keep a rental home
- Rent bidding will also be banned under new laws
- Forms part of long-term housing plan – Homes for Queenslanders
The Miles Labor Government will provide extra relief for Queensland renters while introducing tough legislation to make it fairer, safer and easier to find, get and keep a rental.
Through Homes for Queenslanders, $160 million will be invested in a Renters Relief Package over five years.
This will see additional funding provided for the government’s more than 20 private markets products and services, with eligibility for assistance to be expanded to help more renters.
The government will also establish a portable bond scheme allowing tenants to transfer their bonds when relocating from one rental property to another.
While this scheme is being established, a Bridging Bond Loan product will be introduced to assist households to afford the upfront cost of a new bond, pending release of their old bond.
A new rental sector Code of Conduct will be explored with all parties to crack down on dodgy and unprofessional practices and ensure better protections for renters.
Rent bidding will be banned and penalties will be enforced against agents who engage or encourage these practices.
Renters’ rights will be strengthened further by progressing new amendments to Queensland’s rental laws to:
- create a framework for parties to agree on installing modifications in rental properties
- protect renters’ privacy by requiring 48 hours entry notice and a prescribed form to be used to apply for a rental home, with any information collected to be handled securely
- limit reletting costs based on how long is left on a fixed term lease, and
- ensure renters have a fee-free option to pay rent, choice about how they apply for a rental property and receive utility charges promptly.
The State will also double the number of specialist customer service staff in the state’s 21 Housing Service Centres by hiring an additional 42 RentConnect officers.
These vital frontline workers will help connect renters with the supports and services they need to get and keep a rental home.
Information and eligibility for rental products and support services can be found at www.qld.gov.au/housing
Quotes attributable to Premier Steven Miles:
“More than one in three Queenslanders rent, which is why renters rights and supports are at the core of our Homes for Queenslanders plan.
“Our plan makes sure Queensland renters get a fair go and have the supports they need to ease the cost of keeping a roof over their head.
“Through this package, we hope to ease the cost of getting into a home and help renters to save the money they need for a house deposit.
“And, we are putting tough new laws in place to stop rent bidding and crackdown on dodgy practices.
“Queenslanders can trust that my government will be behind them at every step of their housing journey.”
Quotes attributable to Minister for Housing, Local Government and Planning and Minister for Public Works Meaghan Scanlon:
“We know that renters need a helping hand right now to find, get and keep a rental property,” she said.
“Too many Queenslanders, including those who have never needed help to find or keep a private rental, are being forced into unsuitable or unaffordable housing, or into homelessness.
“Increasing housing supply will take time, but there are things we can do now while supply catches up.
“That’s why we are changing the rules to make it fairer and easier for renters to find and keep a home.
“Rental properties play a critical role, and stronger rules for rental property investors and managers will be developed, with penalties for those who don’t comply, so Queensland renters feel secure and protected.
“Our currently has more than 20 supports and services that provide assistance to renters, including bond loans, rental grants and rental security subsidies.
“In fact, last financial year we provided around $85 million to help 78,000 Queensland renters with Bond Loans, Rental Grants, RentConnect services and Rental Security Subsidy payments.”
Further information:
Rent Relief Package key highlights:
- Extra funding and expanded eligibility for more than 20 products and services to support even more Queensland renters to find, get and keep a rental home
- Establish a new portable bond scheme to allow renters to transfer their bond when relocating from one rental property to another.
- New rental sector Code of Conduct to set clear expectations to foster appropriate and professional practices in Queensland’s rental market.
- Further action to stabilise rents by banning all forms of rent bidding and applying the annual limit for rent increases to the rental property not the tenancy.
- Stronger renters’ rights to be delivered through new amendments, including to make it easier for renters to install modifications they need to live safely and securely in their rental home and to have confidence their privacy is protected.
- Doubling of frontline support staff for renters with 42 new RentConnect officers to be based at housing service centres across the state.
Anyone who needs housing assistance can contact their local Housing Service Centre during business hours or call the 24/7 Homeless Hotline on 1800 474 753.
Sourced from www.statements.qld.gov.au
11th December 2023 - Senate report - The worsening rental crisis in Australia
On 22 June 2023 the Senate referred an inquiry into the worsening rental crisis in Australia to the Community Affairs References Committee for inquiry and report, with an interim report to be presented by 21 September 2023 to aid in the deliberations of the National Cabinet on renters' rights, and a final report to be presented by 28 November 2023. On 28 November 2023, the Senate granted an extension of time for reporting until 5 December 2023.
Read the report here. The worsening rental crisis in Australia (aph.gov.au)
15th August 2023 - National Cabinet meeting and our industry 16th August 2023.
Rental affordability and supply key priority. A new Property Management Excellence PME - Stacey Holt podcast. Listen here.
11th August 2023 - Video update and National Cabinet meeting as mentioned in video at link below
9th August 2023 - Prime Minister pushing plan to increase renters rights amid housing crisis
This blog will be updated accordingly, including information on Stage 2 of tenancy law reform, and the rent increase changes which are currently part of a consultation which closes 11th August 2023. Scroll down to review. Members of Real Estate Excellence will be kept up to date via the Membership email update service. Membership services, benefits and options (realestateexcellence.com.au)
Information will also be included as part of upcoming half day PME training events being held throughout Queensland. Training/Events (realestateexcellence.com.au)
Visit Stage 2 rental law reform | Your Say | Queensland Department of Communities, Housing and Digital Economy (chde.qld.gov.au) - Consultation/ options paper has closed.
12th July 2023 - More potential law change for Queensland - rent increase frequency to property - not the tenancy. Listen to a short podcast here.
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I am writing first and foremost, requesting the Labor Government of Queensland to hold off on stage 2 of reforms.
The reforms and consultation began in 2018/2019 of which you know. A lot has changed since. Labor have a majority Government since being re-elected for a record third term, in October, 2020 for four years.
Stage 1 saw the removal of without grounds (no reason) to end a tenancy contract. Prior to the implementation October 1, 2022, it must be said, there was a lot of ‘chatter, which resulted in action of properties being sold. The experts of statistics of these, no doubt, have shared, or the Government know.
Stage 2 - now.
Real Estate Excellence has over 300 member offices in Queensland. I have worked in education, training, policy and advice for over 20 years.
I write on behalf of my company, from experience, on behalf of my members, and if may indulge, by far most of the industry.
Please pause.. we need investors.
If the industry, investors, and future investors read the full options paper, there is much to ‘fear’ and perceived fear to not invest.
We have Mum and Dad investors, who are having a go. If they read the full options paper for stage 2, there will be, is, a lot of fear about the loss of control of their major investment.
A reasonable person would understand that.
It is a tenants home, but it is also is an investors major life investment. Without them, we do not have housing for most of us.
We are at a major crisis point in the property management industry for recruiting, and retaining staff. Please remember COVID, and those years of emergency regulations. Then Stage 1.
Then the rent increase frequency law changes to once every 12 months suddenly without consultation on 18th April, commencing 1 July 2023.
Minimum Housing Standards also commence 1st September.
The industry, but mainly investors, and future investors do not need more change. There is also a lot of fatigue.
Please consider pausing stage 2 of Queensland tenancy law reform.
It is not going to fix the national, or Queensland housing crisis. It will exacerbate the Queensland housing crisis.
Just because something is due according to agenda, does not mean it needs to be done. Also, if The Courier Mail report on the 17th May 2023 is correct, we are now getting a new Housing Minister who needs to understand all the issues and challenges around the Housing Crisis, let alone, understand the full implication of any further reform.
My suggestion is to continue focusing on the Housing Crisis, where people like you and I, cannot find housing.
Stage 2 is not the answer.
Please wait until after the state election in October 2024 before making any further tenancy law changes in Queensland. Now is not the time.
Thank you.
Stacey Holt CEO Real Estate Excellence
Emailed 17th May 2023 to This email address is being protected from spambots. You need JavaScript enabled to view it.
A detailed best practice guide on all the new and amended laws from July 1 will be uploaded to Member login - latest member updates folder - April 2023, and emailed to Members on Monday 24th April 2023. The best practice guide for Members covers the rent increase time limit laws, breach of agreement ending agreement early (break lease) and change of shared tenancy scenarios. The amendment to section 277 ending of tenancies provision is also included, and more, including a lessor template in word version to send to clients.
20th April 2023 - Stage 2 tenancy law reforms consultation
Property Managers/Agents are encouraged to have their say on stage 2 tenancy law reforms. Real Estate Excellence strongly recommends all to share the information with property owners to ensure they are aware, and encouraged to complete the Government survey, and or write a submission. The laws affect property owners (and tenant); as agent we manage our clients law. Below are the Government priority areas.
For more information, click here. Members of Real Estate Excellence, also refer to the email sent to you yesterday afternoon regarding the rent increase law changes via the Member update service. A New (amended) RTA Form 18a looks likely to be released on July 1, 2023, due to the rent increase law changes as amendments were also made by Parliament on Tuesday night to the regulations of the RTRA Act (where the Form 18a comes from).
18th April 2023 - Rent increase law changes
Members of Real Estate Excellence, more will come soon via the Member update email service.
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18th April 2023 - Stage 2 rental law reform information released. Listen to short podcast here.
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29th March 2023 - Rent increase law timeframe changes
Limiting rent increase to once a year is not yet law. The email sent to our FREE industry mailing list, social media posts on the 28th March, and as per my blog post 28th March 2023), is a media release from the Government.
It must go through Parliament etc. Before any changes to laws can be made.
The Courier Mail reported today, the 29th March, that it is expected to go into Parliament in April, with a possible commencement date of July 1. This is to be confirmed. We shall email Members as per the Member update service of progress and developments.
28th March 2023 - Media release from Queensland Government regarding rental increase time frame law changes coming
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26th March 2023 - Minimum Housing standards for rental property commence September 2023. Minimum Housing standards are emergency repairs as per section 215 RTRA Act.
From 1 September 2023, the prescribed minimum housing standards apply to premises if a residential tenancy agreement, or rooming accommodation agreement, for the premises starts on or after that date. From 1 September 2024, the prescribed minimum housing standards apply to all premises.
Part 1 Safety and security
1 Weatherproof and structurally sound
(1)Premises must be weatherproof, structurally sound and in good repair.
(2)Premises are not weatherproof if the roofing or windows of the premises do not prevent water entering the premises when it rains.
(3)Without limiting subsection (1), premises are not structurally sound if—
(a)a floor, wall, ceiling or roof is likely to collapse because of rot or a defect; or
(b)a deck or stairs are likely to collapse because of rot or a defect; or
(c)a floor, wall or ceiling or other supporting structure is affected by significant dampness; or
(d)the condition of the premises is likely to cause damage to an occupant’s personal property.
2 Fixtures and fittings
The fixtures and fittings, including electrical appliances, for premises—
(a)must be in good repair; and
(b)must not be likely to cause injury to a person through the ordinary use of the fixtures and fittings.
3 Locks on windows and doors
(1)Premises let, or to be let, under a residential tenancy agreement must have a functioning lock or latch fitted to all external windows and doors to secure the premises against unauthorised entry.
(2)Premises let, or to be let, under a rooming accommodation agreement must have a functioning lock or latch fitted to all windows and doors of a resident’s room to secure the room against unauthorised entry.
(3)Subsection (1) or (2) apply only to the windows and doors that a person outside the premises or room could access without having to use a ladder.
4 Vermin, damp and mould
(1)Premises must be free of vermin, damp and mould.
(2)Subsection (1) does not apply to vermin, damp or mould caused by the tenant, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.
5 Privacy
(1)Premises must have privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.
(2)Privacy coverings for windows include any of the following—
(a)blinds;
(b)curtains;
(c)tinting;
(d)glass frosting.
(3)Subsection (1) does not apply to a window of a room if a line of sight between a person outside the premises and a person inside the room is obstructed by a fence, hedge, tree or other feature of the property.
Part 2 Reasonable functionality
6 Plumbing and drainage
Premises must—
(a)have adequate plumbing and drainage for the number of persons occupying the premises; and
(b)be connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking.
7 Bathrooms and toilets
(1)The bathroom and toilet facilities at premises must provide the user with privacy.
(2)Each toilet must—
(a)function as designed, including flushing and refilling; and
(b)be connected to a sewer, septic system or other waste disposal system.
8 Kitchen
A kitchen, if included, must include a functioning cook-top.
9 Laundry
A laundry, if included, must include the fixtures required to provide a functional laundry other than whitegoods.
3rd March 2022
An update for Members of Real Estate Excellence, - a short video recorded for you regarding the new RTRA Act review - Queensland (realestateexcellence.com.au), Property Management Excellence (PME) system (realestateexcellence.com.au) changes and more. Thank you.
Watch short video here.
24th February 2022
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23rd November 2021
20th October 2021
Refer to Real Estate Excellence Member Updates November 2021 for information regarding what laws have commenced and when other laws will start.
14th October 2021
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13th October 2021
I started the RTRA Act review public blog on my website in 2012. I look forward to closing the blog in coming days as the almost decade long review comes to an end. A lot of work, sweat, frustration and I must admit, some tears shed along the way… Many written submissions have been made during this time as part of the reviews.
We have had minor amendments over the years. Notably in November 2017 section 185 was amended, and NEW section 17a was added to the RTRA Act. These sections amended and added in preparation for the regulations for minimum housing standards. The regulations for minimum housing standards are in stages of commencement starting from September 2023.
I began my PME education and training events in September 2021 which are being held throughout Queensland (and also carrying out private training services for agencies) on the Housing Legislation Bill (which will amend the RTRA Act). I have stated during this training (and will in the upcoming events, that there are many surprise amendments and new sections in the Bill introduced by the Labor Government that are quite different to what was proposed by Labor in the Decision Regulatory Impact Statement released November 2019.
The new proposed laws were put on ‘hold' due to Covid. In April 2020, the Covid tenancy temporary regulations came into effect. Many of those laws ended September 2020 with a handful still in play until April 30, 2022. These include the Domestic and Family Violence provisions for tenants.
There are many changes to come (and yet to commence), but they are mostly reasonable in my opinion.
Members of Real Estate Excellence, there will be a vast range of information coming to you in the near future, in addition to what we have provided already as part of Membership services.
PME system members, please note the 2000 plus pages (39 chapters) PME manual, training videos, tenancy sign up video and all best practice forms/templates will be updated in due course and be ready for you when these new laws commence.
13th October 2021
The Housing Legislation Bill is currently being debated in Parliament as part of the second reading. It is expected to pass as per my video yesterday.
12th October 2021
The Housing Legislation Bill is number 2 on the Parliament notice paper/agenda. Parliament is sitting as at today. Watch short video here.
27th September 2021
Due to the Voluntary Assisted Dying Bill, the Housing Legislation Bill was delayed at the last Parliament sitting. It is now number 4 on the notice paper for the next sitting starting the week of October 12th, 2021. Home | Queensland Parliament
13th September 2021
The Bill is due for its second reading during the next Parliament sitting which starts from tomorrow. Sitting Date | Queensland Parliament
We shall update Real Estate Excellence Members via the Latest Member update email service.
17th August 2021 - RTRA Act review update Listen to short podcast regarding below here.
The Parliamentary Community Support and Services Committee have released their report regarding the RTRA Act review of the Labor Government and Greens tenancy law proposed bills. The Parliamentary Community Support and Services Committee have recommended the passing of the Housing Legislation Amendment Bill (Labor Bill) currently in Parliament. The bill has had its first reading in Parliament on the 18th June 2021, with Parliament sitting again on the 31st August 2021. The Bill is currently number 4 on the Notice Paper for the next Parliamentary sitting which is subject to change.
I am currently reviewing the Committee's paper.. Real Estate Excellence members will be advised via email in future Real Estate Excellence Member Updates, and will be included in the upcoming PME half day training events being held throughout Queensland.
3rd August 2021 - Rental law reform proposals
Housing Legislation Amendment Bill 2021
On 18 June 2021 the Queensland Government introduced the Housing Legislation Amendment Bill 2021 to the Queensland Parliament.
Proposed reform areas include:
- 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 was referred to the Community Support and Services Committee for detailed consideration and submissions were invited on the proposed changes through the Committee process until 12 noon on 13 July 2021.
The Committee’s report on the Bill is due on 16 August 2021.
Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021
On 26 May 2021, Dr Amy MacMahon MP, Member for South Brisbane, introduced the Residential Tenancies and Rooming Accommodation (Tenants’ Rights) and Other Legislation Amendment Bill 2021 (Bill) into the Queensland Parliament. The Bill was referred to the Community Support and Services Committee and public submissions were invited until 12 noon on 13 July 2021.
The Committee’s report on the Bill is due on 16 August 2021.
More information on both Bills is available on the Committee webpage.
Sourced from Rental law reform proposals | Residential Tenancies Authority (rta.qld.gov.au)