RTRA Act review - Queensland

Running blog in date order of events

I will discuss and update during all upcoming education and training events being held throughout Queensland. If you would like to be on our FREE mailing list service, please contact us and advise preferred email, name, location (such as Mackay).

Government website for the review HERE

19th October
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
Housing minister 17 10 18 SC daily
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.
14th October 2018
Sunday MIL 14 10 18
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

8th October 2018

 Real Estate Excellence RTRA Act submission week 1

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.

Minister 04 10 18 tweet

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.

Premier 30 09 2018 tweet 

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.

Member online folder when you login

Member folder

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

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.

RTA review courier mail 30 09 18

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

Coat of Arms Media Release
Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport The Honourable Mick de Brenni

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 any

matter 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.

Reminder to members, new folder at member online to keep you up to date

Update 27th November 2017 

A new version of the Property Management Excellence PME manual (part of the PME system) will be released January 30th 2018 to include information on the new laws (plus other improvements and edits).

From the RTA website www.rta.qld.gov.au

From the RTA website www.rta.qld.gov.au

Update 31st October 2017

A 30 minute training webinar is now available explaining the new laws and the current situation. QLD PME system member offices  can view the training online anytime as per the member email on the morning of 31st October. Non PME member office and non Real Estate Excellence offices can purchase the training for a small training service fee. Contact us

Update 30th October 2017

The laws are yet to commence and have not received assent from the Governor.. With the election being called on 29  October, there will be some time until we no more about the commencement date of the law and the detail about the regulations.

The November Real Estate Excellence member update service has important information for member offices.

Update 26th October 2017

New laws passed last night in allowing for minimum housing standard regulations. More information will be provided to Real Estate Excellence member offices via email in near future and immediate updates provided in the Facebook private members group;

Direct link for members https://www.facebook.com/groups/QldRealEstateExcellencemembersgroup/

Non members can find more information at www.parliament.qld.gov.au and refer to Hansard 25th October 2017.

Media Statements

Tim Nicholls – Minister for Slumlords

Media Statements

Minister for Housing and Public Works and Minister for Sport

The Honourable Mick de Brenni

Wednesday, October 25, 2017

Tim Nicholls – Minister for Slumlords

This evening, the LNP united to vote against laws that will ensure rental properties are safe and fit for purpose.

Minister for Housing and Public Works Mick de Brenni said the LNP’s position was disgraceful, and demonstrated how out of touch Tim Nicholls is.

“Every Queenslander has the right to know that the home they live in is safe, secure, and fit to live in,” Mr de Brenni said.

“Just over a third of Queenslanders live in rented accommodation, including many families raising children.

“You can’t sell a car in this state without having it checked over and a roadworthy certificate issued, and the reason for that is simple – you should be confident that when you buy a car, it’s in good working order and safe to drive.

“Most Queenslanders spend a lot more time in their homes than they do in their cars, and yet Tim Nicholls would rather let slumlords rent out houses with rotted floorboards or windows which don’t close properly than stand up for Queensland renters.

“Tim Nicholls has decided he’s the Minister for Slumlords - he should hang his head in shame.”

Mr de Brenni said the amendment, which was passed this evening without LNP support, would set clear benchmarks for landlords and tenants.

“It was only a week ago that the Local Government Association of Queensland passed a motion, calling on the Queensland Government to mandate enforceable standards for rental properties,” Mr de Brenni said.

“Tim Nicholls is ignoring his party’s own Mayors, in favour of dodgy landlords who put Queensland families at risk.

“It’s just not good enough.”

[ENDS]

Media contact: Tristan Douglas 0447 164 197

Click here to review the Parliamentary Committee report - refer from page 35 onwards

Click here to view Townsville Local Government motion

Click here to view Channel 7 media regarding Townsville council views

Update 13th October 4.30pm - After writing to the LNP Opposition Leader, Mr Nichols (refer to notes below), I received a call from his office late this afternoon. The LNP will not be supporting the proposed minimum housing standards currently before QLD Parliament. Refer to page 75 of the following committee report. It will depend on the crossbenches of the QLD Parliament see who they are here as to how they vote. I will be contacting the cross bench in coming days to obtain their policy view and will update accordingly.

Update 10th October 2017 - Qld Parliament is sitting over the next three days. The RTRA Act proposed minimum housing standard laws are number 5 on the current Government agenda. www.parliament.qld.gov.au

Update 12th October 2017 - An email has been sent to Member offices of Real Estate Excellence advising of current situation. Click here to review

Update 13th October 2017 - The bill was not heard and is currently number 2 on the Governent agenda for when they next sit on the 24th October.

I have written to Tim Nichols, the leader of the QLD LNP - email below. I shall advise of the response in due course.

Good morning Mr Nichols, Leader of the LNP Queensland

My name is Stacey Holt and I have a company called Real Estate Excellence (www.realestateexcellence.com.au)

My company focus is on best practice, compliance and risk management services for the QLD and NSW real estate industry.

The reason for my email is to request LNP policy, if available, relating to future rental laws.

As you are aware, the HOUSING LEGISLATION (BUILDING BETTER FUTURES) AMENDMENT BILL is before the Parliament now relating to minimum housing standards. You most likely are also aware of the Green’s policy relating to rental laws https://greens.org.au/qld

Given an election is looming, I am keen to advise my clients and the real estate industry of the LNP policy relating to rental laws in Queensland.

Stacey Holt.

10th August 2017

On the 10th August, the industry was advised by Real Estate Excellence  via our mailing list service and via social media, a bill has been introduced into Queensland Parliament to amend the RTRA Act and introduce minimum housing standards. A further email was sent and social media posts were made on the 19th August  regarding the opportunity to have your say about the proposed amendments. (refer to the bottom of this blog post). 

An email template to send to landlords prior to August 28th encouraging submissions is available to member offices of Real Estate Excellence. Members, please email us to receive.

Minimum housing standards for Queensland rental property was first proposed in 2014 and submissions were then called. Click here to read Real Estate Excellence submission from 2014. The submission that will be made in relation to the current amendment, will be very similar to the 2014 submission. Scroll down to review the 2017 submission from Real Estate Excellence. 

The committee that reviewed the minimum standards proposal in 2014 advised the Government to not introduce the laws. Read the committee report here.

 The Government have stated they wish for this bill to be passed by the end of 2017. Read the Housing Minister media release here

Have your say about the Bill

On 10 August 2017, the Hon Michael de Brenni MP, Minister for Housing and Public Works and Minister for Sport introduced the Housing Legislation (Building Better Futures) Amendment Bill 2017 into the Queensland Parliament. In accordance with Standing Order 131, the bill was referred to the Public Works and Utilities Committee for detailed consideration. The committee is due to report by 28 September 2017.

View: Minister’s speech introducing the bill into the Queensland Parliament 

View: Housing Legislation (Building Better Futures) Amendment Bill 2017 

View: Explanatory Notes to the Housing Legislation (Building Better Futures) Amendment Bill 2017https://www.parliament.qld.gov.au/work-of-committees/committees/TUC/inquiries/current-inquiries/I48HsngBetterFutures?actionId=2

The bill proposes to amend the Housing Act 2003 (Housing Act); Manufactured Homes (Residential Parks) Act 2003 (MHRP Act); Residential Services (Accreditation) Act 2002 (RSA Act); Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), and Retirement Villages Act 1999 (RV Act).

The explanatory notes provide that the overarching objective of the amendments to these Acts is to ensure fairness and consumer protections for people who are either living in regulated accommodation or considering moving into these types of housing while enabling the continued viability of these industries and sectors.

A summary of the proposed amendments is provided below and further details can be found in the explanatory notes and the bill.

Call for Submissions

The committee invites submissions addressing any aspect of the bill from all interested parties.  

Guidelines for making a submission to a parliamentary committee are available here - Guide to making a submission. Please ensure your submission meets these requirements.

Closing date for written submissions is Monday, 28 August 2017 at 4:00pm

Submissions should be sent to:  

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

Committee Secretary

Public Works and Utilities Committee

Parliament House

George Street

Brisbane Qld 4000

Timeline

 

Public briefing:

Wednesday, 23 August 2017 - time and venue to be confirmed

Close of submissions:

Monday, 28 August, 2017 by 4:00pm

Public hearing:

Wednesday, 13 September 2017 - time and venue to be confirmed

Report to be tabled:

Thursday, 28 September 2017

Where possible, records of public proceedings of the committee eg hearings and briefings, will be available at -

View: Parliament TV (live and replay) - http://tv.parliament.qld.gov.au/TV/SearchCommittee/37

View: Transcripts - click on the “related publications” tab above

Email sent to the Committee 20 August 2017 - Real Estate Excellence 

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

Committee Secretary

Public Works and Utilities Committee

Parliament House

George Street

Brisbane Qld 4000

Dear Committee Secretary 

Thank you for the opportunity to provide the following submission regarding the proposed minimum housing standards bill and review of the RTRA Act. 

The submission provided in 2014  https://app.box.com/s/l1enub11p2xkqnu3wyi6kvqkdpf3kfih  as most of the feedback to provide to the committee now is identical.

I note my error and poor choice of wording, in part, in my 2014 submission regarding the regulations that "may" be introduced as opposed to all being introduced as stated (page 27 of report). Having said above, in time, Governments could introduce as many of the regulations as the committee is aware. 

More detail is required in relation to the proposed regulation, which I understand would become available once the amendment was passed (if passed). It is very difficult for many to provide tangible feedback to what I feel is the most important aspect of this bill,  without knowing the detail and possible intent of what may be regulated. 

Section 185 and 191 of the RTRA Act clearly outline lessor obligations and tenants rights to apply to tribunal for certain matters should the lessor fail in their statutory duty. I again, strongly state, as per my previous 2014 submission, the tenant abilities to take action as referenced in the previous Real Estate Excellence 2014 submission; plus referenced in the tablehttp://www.parliament.qld.gov.au/documents/committees/THLGC/2014/INQ-RTRAA/bp-Sep2014-dept.pdf

Please note I will be making this submission public and give consent for the committee to do so if required. 

If I can be of any further assistance, please let me know. 

Kind regards

 

Stacey Holt  - Company Director

Real Estate Excellence Academy Pty Ltd

www.realestateexcellence.com.au  

 

Summary of proposed amendments

The bill proposes to amend the RV Act and the MHRP Act to increase transparency, improve pre-contractual disclosure processes and introduce new behaviour standards in residential parks and retirement villages. A greater focus on dispute resolution is also included to provide an opportunity for issues to be resolved without having to go into a formal tribunal system.

Proposed amendments to the MHRP Act also include limitations on rental increases, prohibiting additional fees around utilities and meter readings and ensuring emergency services and health workers have access to residential parks.

Other proposed amendments to the RV Act will increase transparency in the relationships between operators and residents, and provide greater security to residents, balanced against ongoing industry viability. Greater financial transparency will be required about retirement village funds, budgets and financial statements, and will address resident and consumer advocate concerns about fees and contracts. Residents will also have greater protections around resales and exit entitlements or when there is a change in village operations. 

The proposed amendments to the RSA Act will also ensure the regulatory framework protects residents, promotes fair trading practice and encourages the growth and viability of Queensland’s residential services industry, which includes boarding houses, some aged rental accommodation and services that provide personal care.

The proposed changes are intended to: raise compliance with accreditation standards and registration requirements, ensure that operators are suitable persons and require services to have a fire safety management plan; allow publication of the registered addresses of accredited services to be avoided in cases where safety concerns may arise; and clarify some current uncontentious exemptions from registration requirements.

The RTRA Act amendment will provide a head of power for a regulation to prescribe minimum housing standards for rental accommodation in Queensland.