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Why the without grounds provision should not be removed

Queensland legislation

There has been a long history of Tenants Queensland (previously known as the tenants union) wishing for the without grounds provision to be removed from tenancy law. Read more information on this matter here

Section 291 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 continue to 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.

If you agree the without ground provision should not be removed from Queensland legislation, email the RTA to express your view and why. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

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. 

National Rental survey results 2017

New report finds major issues with renting in Australia.

Review Tenants Qld paper to Government

Download the national study

 

Media Statement

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

 Friday, February 17, 2017

Queensland renters urged to speak up

 The Queensland Government is urging tenants to stand up for their rights, following the release of “Unsettled – Life in Australia’s private rental market, the first comprehensive national study of the rental sector in Australia.

Minister for Housing and Public Works Mick de Brenni said the report revealed more than half of Australian renters did not exercise their rights from fear of being blacklisted, having their rent increased or being evicted in retaliation.

“All Queenslanders deserve a safe, secure and affordable place to call home,” Mr de Brenni said.

“Given more than one third of Queenslanders rent their home, it’s essential they feel secure and supported to stand up for their rights.

“We know tenants face issues like insecure tenure, difficulty getting repairs done or ending a tenancy, but I want to reassure Queensland tenants they have rights and remedies, governed by law, to respond to these issues.”

RTA CEO Darren Barlow said Queensland tenancy laws were governed by the Residential Tenancies and Rooming Act 2008 (the Act) which clearly states tenants’ and property managers/owners’ rights and responsibilities and penalties for not adhering to them.

Business and career health check – property management education and development training

Queensland events only - one event in each area.

Find your location, date and time here

Stacey Holt from Real Estate Excellence will present this high-level workshop focusing on the following;

  • File audits – what to look for when auditing files

  • Procedures audits – key procedures the agency should have for their business.

The property manager, licensee and any staff that attend will be able to consider and therefore identify any weaknesses in their career and or with the agency so that the matter can be addressed and rectified to ensure the agency is operating to best practice, compliance and risk management.

  • The file audit will provide information in relation to the key matters that should be investigated when carrying out file audits of the rent roll. Matters of concern that require addressing and rectification can easily be identified when carrying out the file audit process.

    The procedures audit will identify any matters that require rectifying in relation to written procedures and policies for the agency. Written procedures are vital for agency best practice, staff retention and accountability plus risk management.

    The routine inspections and maintenance audit will focus on risk management, best practice and compliance matters to ensure the agency is carrying out the procedure of inspections and maintenance accordingly.

    Attendees of the session will receive three checklists as part of the session; audit checklist for files, procedures and administration review plus routine inspections and maintenance.

 

May Real Estate Excellence member update 2017 (Qld)

Available at member online 24th April. Emailed to members 3rd May 2017

Login to member online here to view the member update service.

  • Licensee / Administration update
  • Staff security and safety
  • Property Management update
  • Telephone lines, gas, electricity, solar and more
  • Sales member update
  • Electronic signatures
  • Landlord newsletter template - Expenses an investor can claim
  • QCAT case of the month - Water damage and mould

March Real Estate Excellence member update 2017

Available at member online 28th February. Emailed to members 7th March 2017.

Join the live webinar member update each month - register here - FREE Webinar discussing the Member Update. Refer to the link above.

Login to member online here to view the member update service.

  • Licensee / Administration update
  • Questions to assist in reviewing your business
  • How to draft a social media policy for your business (plus a template)
  • Property Management update
  • Excessive hardship application to tribunal and lessor right to seek compensation
  • Contracting outside the Act - The defence clause in tenancy agreements
  • Sales member update
  • Disclosure to tenants when a rental property is for sale
  • Landlord newsletter template - National rental survey and the Queensland Government response plus word version letter to provide to lessors to oppose without grounds removal from the RTRA Act
  • QCAT case of the month - Excessive hardship and compensation.