The Queensland Government has recently made significant changes to their tenancy rules, impacting both landlords and tenants. If you have a good property manager, the impacts on you should be minimal but it’s important to be across the changes to ensure you don’t make decisions that could cost you thousands. See below for the highlights.
The grounds for ending fixed term and periodic tenancies have changed. The Lessor no longer has the right to end a periodic tenancy without grounds. This means you should ensure your tenants are always on an active lease and not just a month by month ‘virtual agreement’. With an active lease you will have a clear end date, but with a periodic tenancy you could have difficulties if you want the tenant to leave.
Other changes include :
- There are new offences and penalties if a Notice to Leave is not complied with.
- The Tenant can end a tenancy, within the first three months by application to QCAT, for false or misleading information given when applying for a property.
- The grounds on which Tenants can issue a Form 13 Notice of Intention to Leave has been expanded.
- There are new grounds for the Lessor to make QCAT applications to end tenancies.
Pet Approvals and Refusals
- Lessors must respond to pet requests within 14 days, or the request will be deemed as approved.
- Lessors can only refuse a pet request on specific grounds, and they must give the Tenant justified reasons for these grounds.
- Lessors can impose conditions on a pet approval in line with new prescribed requirements.
Maximum Spend Limit for Emergency Repairs
- Tenants and property managers are now able to arrange emergency repairs to be made to the property up to a maximum amount equal to 4 weeks’ rent (increased from 2 weeks’ rent).
- The Form 18a General Tenancy Agreement must identify nominated repairer as the Tenant’s first point of call for emergency repairs. There are new requirements for Tenants to contact these nominated repairers before carrying out emergency repairs.
- New Repair Order has been introduced.
- Tenant can apply if the property or inclusions need repairs that fall into the category of routine or emergency repair.
- Outstanding Repair Orders must be disclosed in the Form 18a General Tenancy Agreement.
- A property cannot be lawfully leased while a Repair Order is outstanding
- New procedure and requirements for changing locks.
- Domestic & Family Violence provisions.
- Minimum Housing Standards coming into effect on 1 September 2023 for new tenancies, and 1 September 2024 for existing tenancies.
- New provisions for death of a sole tenant or co-tenant.
- Entry condition reports.
Be clear about your rights and responsibilities
While it’s important that your property manager stays across the legislation, it’s also important for you to know your rights. Managed correctly, your property can be an asset that continues to deliver for you long into the future and understanding the rules plays a huge part of this. Check with your Property Manager to ensure they know the implications of the changes. If you have questions though, don’t hesitate to call us.
About the author
Debra Beck-Mewing is the Editor of the Property Portfolio Magazine and CEO of The Property Frontline. She has more than 20 years’ experience in property investing Australia-wide and has used a range of strategies to build her property portfolio including renovating, granny flats, sub-division and development. Debra is a skilled property strategist, and a master in sourcing properties that have multiple uses and multiple exit strategies. She is a Qualified Property Investment Advisor, licensed real estate agent and also holds a Bachelor of Commerce and Master of Business. As a passionate advocate for increasing transparency in the property and wealth industries, Debra is a popular speaker on these topics. She is also an author, podcast host, and participates on numerous committees including the Property Owners’ Association.
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Disclaimer – This information is of a general nature only and does not constitute professional advice. We strongly recommend you seek your own professional advice in relation to your particular circumstances.