From 1 October 2022, several changes to Queensland’s tenancy laws will be introduced including:
- new laws around ending tenancies
- new framework for negotiating renting with pets
- introduction of repair orders, and
- other important amendments related to tenancy obligations.
Let’s break them down and explain what these mean for you.
New laws around ending tenancies
From 1 October 2022, the option to end a periodic tenancy ‘without grounds’ (without specific reason) will no longer be available. New reasons property managers/owners can give to end a tenancy include:
- end of a fixed term agreement
- preparing the property to sell, or sale of the rental property with vacant possession
- the owner or their relative moving in
- change of use of property
- significant repairs or renovations
- demolition or re-development
- premises used for State Government program
If there has been a serious breach at the rental property, the property manager/owner can also make a non-urgent application for a termination order from the Tribunal to end the tenancy.
New framework for negotiating renting with pets
From 1 October 2022, if your tenant wishes to keep a pet during their tenancy, they must complete the approved RTA form ‘Request for approval to keep a pet in rental property’ and a response must be received by you within 14 days.
If you approve of the pet, you may specify reasonable conditions in your response for keeping the pet such as professional fumigation of the property at the end of their tenancy.
If you refuse the pet, you must specify a reason that is outlined in the legislation for the refusal such as keeping the pet would exceed a reasonable number of animals being kept at the premises or a lack of appropriate fencing or keeping the pet would contravene a body corporate by-law, house rules or park rules applying to the premises.
Introduction of repair orders
From 1 October 2022, tenants can apply for a repair order from the Queensland Civil and Administrative Tribunal (QCAT) if routine or emergency repairs are not addressed in a reasonable timeframe. You will be responsible for complying with the order by the due date, even if the tenants move out. If you believe the repair order cannot be completed by the due date stated, you should make an urgent application to the Tribunal for a time extension prior to the due date of the repair order to avoid non-compliance.
For a time extension to be granted, the Tribunal must be satisfied that you are unable to complete the repair order before the due date for any of the following reasons:
- A shortage of a material necessary to make the repairs
- The remote location of the premises which is causing you difficulty in accessing a material necessary to make repairs, or engaging a suitably qualified person to make the repairs.
You will also be required to disclose the repair order to any new tenants that occupy the property until the repair order is complied with.
From 1 October 2022, in addition to the changes mentioned above, there are other amendments that will come into effect. They include:
- requirements for you to provide the name and contact details for nominated repairers in the tenancy agreement
- extending the timeframe for a tenant to return their Entry Condition Report at the start of their tenancy to seven days
- increasing the value of emergency repairs that a tenant can arrange for up to the equivalent of four weeks rent
- allowing the property manager to make deductions from rent payments for the cost of emergency repairs (equivalent to four weeks rent maximum)
Further information For more information visit the Residential Tenancies Authority website
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