Tenants Rights — QLD
Your Rental Rights as a Queensland Tenant
With the height of Queensland's rental crisis upon us, protecting your rights as a tenant has never been more critical. Late last year, the Government sided in your favour, formally introducing the Housing Legislation Amendment Bill 2021.
Discover your QLD tenant rights by reading on, and knowing where you stand if you happen to face a tenancy dispute. At Bradley & Bray, we're the lawyers for tenants when you need us by your side.
What changes have been made for QLD renters?
While the rental reforms became law in October 2021, it's important to remember that not all changes will be enforced immediately. Instead, the improvements for tenants will be introduced across three years to ensure that the sector has enough time to prepare for the changes and fully understand them before adopting them.
Protections against domestic and family violence
First and foremost, if you or a loved one are experiencing domestic or family violence, we encourage you to seek support and assistance through one of the domestic violence hotlines available. Effective as of the 20th of October 2021, tenants or residents experiencing family or domestic violence now have more options under the updated legislation.
If a tenant is vacating their rental premises due to family or domestic violence, the changes confirm that they:
Can get out immediately provided they provide seven days notice and pay rent until the end of the notice period.
Must provide relevant evidence (e.g., a report) and an RTA Form 20.
Aren't held responsible for any rooming or tenancy agreement end costs.
Do not have to repair, nor compensate the owner or property manager for any damages caused by an act of violence that they had to endure.
Still have to cover any costs related to a breach of terms that isn't directly related to the domestic or family violence (e.g. damages caused by pets).
Can request to have their bond refunded.
Can change the locks without their property manager or landlord's prior approval (of course, informing the manager or property owner as soon as possible and providing copies of keys is mandatory).
The updated legislation helps to support vulnerable renters dealing with the horrors of family violence. The changes help to provide additional support, safety and flexibility to help them break the domestic violence cycle.
Renting with Pets
Pets are an important part of our lives and may just be a lifeline during periods of home isolation during the pandemic. When you apply to rent a home, the competition can be fierce, let alone when leasing involves bringing a pet along.
Thankfully, the rental reform has provided a framework to help tenants negotiate tenancy agreements that include pets. If you have a family pet, then the improved changes are going to make it harder for property managers to deny your rental application without providing reasonable grounds. Moreso, they need to give you a written response within 14 days of your application.
A date is yet to be set for this change to come into force.
Fairer reasons to approve ending a tenancy agreement
Perhaps one of the most reassuring changes is removing the option for an owner or manager to end tenancy agreements without grounds. Having your rental lease cancelled for no reason can be incredibly stressful and worrying, particularly in the current rental crisis where you would undoubtedly struggle to find another property quickly.
The changes mean that your lease cannot be terminated without sufficient reason, including because the end of a fixed-term agreement has been reached, because there are significant repairs or renovations needed, or because they are selling the property and need it vacant to sell.
A date hasn't been set to put these changes into place, but they are keenly anticipated, given that they could make a real stance in the effort to prevent homelessness and will go a long way to reducing disputes.
Lifting the housing standard minimum
Tenancy issues often arise when the housing standard is sub-par. Believe it or not, there are a large number of Queenslanders paying significant rent to live in homes that are in far from good condition. There are going to be prescribed minimum housing standards that are intended to ensure safety, functionality and security standards are met for renters. No longer will landlords be able to continue failing to perform required maintenance as the rules will mean, amongst other areas, that accessible doors and windows have functioning fitting and fixtures such as latches.
Where can I go for help?
In Queensland, several information services are available to you as the first point of contact when you're experiencing tenancy issues while renting. Tenancy disputes, particularly against a landlord, are incredibly common - but there are laws to help protect you.
If you are experiencing financial hardship, which impacts your ability to pay rent, there is a free financial counselling service that you can access by calling 1300 744 263, Monday to Friday.
You can learn more about the rules, your rights and the process of resolving disputes through attending the tribunal by accessing the Tenants Queensland website.
The Queensland Civil and Administrative Tribunal (QCAT) hears disputes in relation to minor civil disagreements — residential tenancy matters. For more information about QCAT see Going to the Tribunal on the QCAT website.
How do I resolve a rental dispute as a tenant?
Understanding Queensland tenancy laws is the very first step in resolving rental disputes. When you know your rights, you're in a better position to negotiate a fair outcome with your landlord. However, it's often a good idea to take things a step further and get a tenancy lawyer on your side. As a Queensland based legal service, we have assisted hundreds of Queenslanders in resolving disputes under the residential tenancy act in the QLD civil and administrative tribunal.
If you are a private renter with a tenancy dispute, don't face the administrative tribunal alone, contact us for tenancy advice to help you uphold your rights and give you a better chance of a positive outcome.
This article is general in nature and does not constitute legal advice. If you require legal advice in relation to your personal circumstances, you must formally engage our firm, or another firm to provide legal advice in relation to your matter. Bradley & Bray lawyers takes no responsibility for any use of the information provided in this article.
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