RTRA Act review - Queensland tenancy law reform

Updates are and will be provided to Real Estate Excellence member offices via the Real Estate Excellence Member Update and posted in the Member Facebook and Instragram groups Real Estate Excellence - Stacey Holt SHREE members private group and SHREE members. Updates and information are also provided as part of training events. This blog began in 2012. To review the complete blog, visit RTRA Act review - Queensland (realestateexcellence.com.au) and click on the page numbers at the bottom of each page.

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

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

The Honourable Leeanne Enoch

Date set for remaining Stage 1 Rental Reforms to commence

Reforms to end no grounds evictions and make it easier for renters to have a pet will commence on 1 October 2022, following Governor in Council approval today.

Minister for Communities and Housing Leeanne Enoch said this was the final step that gives life to the important Stage 1 Rental Law Reforms passed by the Parliament last year.

“By ending no grounds evictions, renters and property owners now have more certainty about how and when parties can end their tenancy arrangements.

“We have also made it easier for renters to have a pet by requiring owners to have a prescribed reason to refuse such a request,” Minister Enoch said.

After moving through the required parliamentary process, Governor in Council approved a Proclamation fixing 1 October 2022 as the date for the commencement of the remaining provisions of the Housing Legislation Amendment Act 2021.

Minimum housing standards for Queensland rental properties will start applying to new leases from 1 September 2023 and to all rental properties from 1 September 2024.

“Everyone deserves to live in a safe and secure home,” Minister Enoch said

“The new minimum housing standards will help to ensure all Queensland rental properties meet basic safety, security, and functionality standards.

“The domestic and family violence reforms came into effect on 20 October 2021 because it was important to act quickly to ensure that safety was a priority and that people experiencing domestic and family violence had options,” Minister Enoch said.

“These reforms allow renters experiencing domestic and family violence to end their tenancy quickly with limited end of lease costs and change locks without the landlord’s permission.”

Minister Leeanne Enoch said the sector now has firm commencement dates for all Stage 1 Rental Law Reforms with sufficient time to understand, prepare and transition.

“I encourage renters and property owners or their agents to review their tenancy agreements to ensure they are ready for these reforms when they commence.

“These rental law reforms give Queenslanders certainty in what is a very tight rental market that has been heavily impacted by people from southern states moving to Queensland and people returning from overseas.

“About 34 percent of Queensland households rent and these reforms strike the right balance between the rights of property owners and renters,” Ms Enoch said.

QShelter Executive Director Fiona Caniglia welcomed the reforms.

“QShelter’s vision is that every Queenslander has a home,” she said.

“These rental reforms are an important part of making sure all Queenslanders can make the place they live into their home, whether they rent or not.

“Throughout the consultation process for the reforms, QShelter has advocated for changes to prevent no-cause eviction and to have pets allowed, which we know contributes significantly to quality of life and mental health.

“We are pleased they were part of the first stage of reforms, and we have the certainty of a date for these changes to come into effect.

“We look forward to public consultation for stage two of the reforms,” Ms Caniglia said.

The reforms came about following extensive consultation in 2018 and 2019 in which 135,000 responses were received through the Open Doors to Renting Reform consultation, and more than 15,000 responses to the Regulatory Impact Statement.

The Queensland Government is committed to continuing to improve renting in Queensland by progressing further reform in 2022.

“The Queensland Government will continue to consult with industry, peak and representative groups and other key stakeholders during the second stage,” Ms Enoch said.

Stage 1 Rental Law Reform Commencement Summary

From 20 October 2021	Renters experiencing domestic and family violence: can leave immediately (after giving 7 days’ notice) and access any bond contribution they made will have break lease fees capped at 1 week’s rent are not liable for property damage caused by DFV any remaining co-renters can be asked to top-up the bond by the property owner or manager can change the locks to the property, without requiring owner’s consent, to ensure their safety must provide documentation to support their notice and property owners, managers and their employees must not disclose this information (except where permitted).
From 1 October 2022	End without grounds evictions and provide additional grounds to end a tenancy, including the end of a fixed term agreement. A rental property owner will not be able to issue a notice to leave ‘without grounds’, which will provide renters with more certainty. If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Reasonable grounds include if the property is unsuitable, and if keeping the pet would breach laws or by-laws. Rental property owners can also place reasonable conditions on pet ownership, including that the pet is to be kept outside or that carpets are cleaned, and the property is fumigated at the end of a lease. A rent increase or bond are not reasonable conditions. The laws also clarify that fair wear and tear does not include pet damage. Establish minimum standards to require all Queensland rental properties meet standards for safety, security and functionality. This includes making sure accessible windows and doors have functioning latches, fixtures and fittings provided in the property are in good repair and do not present a safety risk with normal use, and properties are weatherproof and structurally sound.
From 1 September 2023	Rental properties must comply with minimum housing standards when a new lease is entered.
From 1 September 2024	All rental properties must comply with minimum housing standards

23rd November 2021

Queensland tenancy laws. The past, now and the future outline.

Stage 1 passed October 14, 2021 with most laws (shown in picture) not yet commenced.

Stage 2 coming in 2022.

Open Doors to Renting Reform Consultation

A Better Renting Future Roadmap

Release of Consultation Regulatory Impact Statement

COVID-19 Emergency Response

Bill Introduction and Release of Decision Regulatory Impact Statement

Bill considered by Community Support and Services Committee

Bill debated and passed

Bill receives assent and is now law

Stage 2 Rental Law Reform

Sourced from the RTA.

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

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

The Honourable Leeanne Enoch

Rental reform legislation passes Parliament

Legislation to make renting fairer has passed Queensland’s Parliament today.

Minister for Communities and Housing Leeanne Enoch said the new laws would end ‘without grounds’ evictions and make it easier for Queensland renters to keep a pet.

The new laws will also ensure all Queensland rental properties meet minimum quality standards and extend protections for renters who have experienced domestic and family violence.

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

“About 34 per cent of Queensland households rent and these new laws provide a strong, balanced approach that protects the rights of renters and rental property owners, while improving stability in the rental market.

“At a time when Queenslanders are renting, and renting for longer, the Palaszczuk Government is encouraging market growth to help increase the number of rental properties in Queensland, while protecting the rights of renters.

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

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

“This provision ensures people fleeing domestic and family violence are able to end a lease with seven days’ notice or change locks in a rental property without the owner’s consent to ensure their safety,” Ms Enoch said.

“These reforms have been proposed following comprehensive public consultation, during which we received more than 135,000 responses through the Open Doors to Renting Reform consultation, and more than 15,000 responses to the Regulatory Impact Statement.”

Executive Director of Q Shelter Fiona Caniglia welcomed improved safety measures for renters in the new laws.

“Q Shelter commends measures to improve choices and safety for renters experiencing domestic and family violence. Their safety must be paramount.

“The tabled reforms are another step towards safety and security for people renting,” Ms Caniglia said.

What the new renting laws will do:

Establish minimum standards to ensure all Queensland rental properties meet standards for safety, security and functionality. This includes making sure accessible windows and doors have functioning latches, fixtures and fittings provided in the property are in good repair and do not present a safety risk with normal use, and properties are weatherproof and structurally sound.
End without grounds evictions and providing appropriate grounds to end a tenancy, including the end of a fixed term agreement. A rental property owner will not be able to issue a notice to leave ‘without grounds’, which will provide renters with more certainty.
A renter can end their interest in a lease with seven days’ notice if they are unable to safely continue it because they are experiencing domestic and family violence.
If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Reasonable grounds include if the property is unsuitable, and if keeping the pet would breach laws or by-laws. Rental property owners can also place reasonable conditions on pet ownership, including that the pet is to be kept outside or that carpets are cleaned and the property is fumigated at the end of a lease. Rent increase is not a reasonable condition. The laws also clarify that fair wear and tear does not include pet damage.

During debate Minister Enoch also confirmed that the government is committed to progressing Stage 2 of the rental law reforms, and that minor modifications to rental properties would be progressed as a priority of the next stage.

“In progressing Stage 2 reforms in the first half of 2022, the Queensland Government will engage with key stakeholders to define the next tranche of issues to be addressed, explore reform options, and design workable solutions and consult on them,” Ms Enoch said.

For more information on the rental reform process, visit https://www.chde.qld.gov.au/about/initiatives/rental-law-reform

ENDS

Please find Minister Enoch audio:

https://www.dropbox.com/sh/8u1cqoiiuwjmbt2/AACwxaKPYE5px0WlPpFgf1dfa?dl=0

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

Bills under consideration

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)

on Tuesday, 03 August 2021. Posted in RTRA Act review - Queensland tenancy law reform, Events