Update on Amendments to Queensland Residential Tenancies Legislation
Recent amendments to Queensland's Residential Tenancies Legislation have already started reshaping the rental market, with more significant changes set to roll out through 2025. The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 introduces a series of reforms that affect landlords, tenants, and property managers. Some changes, like rent increase limits and rent bidding bans, took effect in June 2024, while others, such as utility billing transparency and application form standardisation, will be implemented in stages over the next year. Here’s a breakdown of the key amendments and their timelines, so property owners, managers, and others in the rental sector can stay informed and prepared.
Key Amendments and Implementation Dates
1. June 6, 2024:
Rent Increases: Rent hikes are now restricted to once every 12 months, tied to the property rather than individual tenancy agreements. Written notices of any rent increase must specify the previous increase date.
Rent Bidding Prohibition: Any solicitation of offers exceeding the advertised rent amount is prohibited, preventing a competitive rental market where tenants are compelled to outbid each other.
Exemptions for Social Housing: Certain “exempt lessors” and providers, such as those funded by the Housing Act 2003, are granted specific exceptions in the rent control measures.
2. September 30, 2024:
Utility Billing Transparency: Landlords must provide tenants with an official document showing utility charges within four weeks of receiving it from the supplier. Failure to do so exempts tenants from paying the billed amount.
Rent Payment Options: Rental agreements must offer at least two payment options, with one method incurring no additional costs to tenants. Landlords must disclose any benefits they might gain from a preferred payment method.
Re-Letting Fee Cap: For fixed-term agreements of three years or less, re-letting costs are capped based on the duration remaining in the lease. This cap aims to reduce financial strain on tenants exiting agreements early.
3. May 1, 2025:
Standardised Application Forms: Landlords must utilise a standardised application form, limited in scope to essential information, including tenant identification, income, and tenancy history.
Limits on Information Requests: Landlords are restricted to a maximum of two documents for identity verification and financial viability, preventing extensive information requests.
Tenant Property Modifications: Tenants can request approval for minor structural changes or the attachment of fixtures necessary for safety, security, or accessibility. Landlords must respond within 28 days and provide a reasoned response if denying the request.
Entry Restrictions Post-Notice: Once a notice to vacate is issued, landlords are limited to two property entries per week, safeguarding tenants’ privacy during the transition period.
Next Steps
To ensure compliance, landlords, property managers, and legal advisors should begin adjusting rental processes and policies well ahead of the mandated dates. For landlords, familiarising themselves with exemptions and gathering relevant documentation to support any rent increase or bond claim is vital. Monitoring the development of additional reforms, such as the potential introduction of a rental sector code of conduct and a portable bond scheme, is also recommended.
These legislative updates represent a shift towards more tenant-friendly regulations, promoting transparency and fairness. Parties to residential leases should consult with legal professionals to align with the new standards effectively and mitigate any legal or financial risks associated with non-compliance.
Disclaimer: 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 take no responsibility for any use of the information provided in this article.
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