What the new Rules mean for Tenants

Tenants quick guide:
what do 1 October 2022 rental law changes mean for me?

The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) is the law that governs renting a residential property to live in Queensland.

From 1 October 2022, several changes to Queensland’s tenancy laws will be introduced, which include:

1. new laws around ending tenancies
2. new framework for negotiating renting with pets
3. introduction of repair orders, and
4. other important amendments related to tenancy obligations.

The RTA is here to help you navigate the new rules and understand how they impact you and your property manager/owner.

1. New laws around ending tenancies

In addition to existing reasons to end a tenancy, such as without grounds (without a specific reason), non-liveability or the property owner’s intention to sell premises, you will be able to end your tenancy by providing one of the following new reasons:

• the property is not in a good state of repair
• the owner has failed to comply with a repair order
• a co-tenant passes away
• for student accommodation, you are no longer a student in an approved course of education or studyYou will also be able to apply for a termination order from the Queensland Civil and Administrative Tribunal (QCAT) because the property manager/owner gave you false or misleading information about:
  • the condition of the property or its inclusions
  • the services provided for the property
  • a matter relating to the property that is likely to affect your quiet enjoyment of the property
  • the agreement or any other document you must be given under the Act, such as body corporateby-laws that apply to the property
    For the most up-to-date information on timeframes applicable when serving notices of intention to leave basedon the new reasons, please check the RTA website from 1 October 2022. 2. New framework for negotiating renting with petsThe new framework to negotiate renting with a pet will apply to all tenancies from 1 October 2022 and does not apply during the rental application process.You will be required to seek written permission from your property manager/owner to keep a pet during your tenancy.From 1 October 2022, you must use the approved RTA form ‘Request for approval to keep a pet in rental property’ to request pet approval from your property owner/manager.Note that your ability to keep a pet may be subject to body corporate by-laws, house rules, or other laws relating to keeping animals such as local council laws.
  • Once your request is received, the property manager/owner must respond within 14 days in writing to notify you of their decision.If the property manager/owner approves, they could specify reasonable conditions in their response for the approval of the pet.• An example of a reasonable condition would be for you to arrange professional fumigation of the property at the end of your tenancy if the pet is capable of carrying parasites.If the property manager/owner refuse, they must specify a reason outlined in the legislation for refusing the pet request, such as keeping the pet would breach a law.If your property manager/owner does not respond within 14 days of receiving your request, the pet request will be considered approved.3. Introduction of repair ordersTenants and property managers/owners are encouraged to talk to each other and work together to resolve issues. If the matter remains unresolved, you can still issue a Notice to remedy breach (Form 11) and follow the breach process.

    From 1 October 2022, if you have notified the property manager/owner of the repairs and they have not been addressed within a reasonable timeframe, you will be able to apply for a repair order from the Queensland Civil and Administrative Tribunal (QCAT).

    A repair order issued will be attached to the property and not to your tenancy. The property manager/owner will be responsible for arranging for the repairs to be completed, even if you move out.

    Repair orders apply to all types of tenancy agreements, except short term moveable dwelling tenancies and rooming accommodation agreements.

    4. Other amendments

    From 1 October 2022, in addition to the changes mentioned above, there are other amendments that will come into effect. They include:

    • extending the timeframe for you to return their Entry Condition Report at the start of your tenancy to seven days
    • increasing the value of emergency repairs that you or your property manager can arrange for up to the equivalent of four weeks’ rent

    • your property manager/owner must provide you with the name and contact details of nominated repairers in the tenancy agreement.

    Further information

    For more information visit the Residential Tenancies Authority website

    rta.qld.gov.au/rental-law-changes

    Download the “Tenants Quick Guide”