Make Renting Fair in Qld has given the government proposals a quick rating  against our list of asks.

Our most important ask of removing without ground evictions is included, it is extremely welcomed and rates highly. There are two additional areas for changes proposed by government, both of which are positive. Some of our asks however are not included and left for stage two reforms, these do not get any rating. 

Overall, we welcome the proposals and consider they will go a long way to support renters to make a place their home.

Click on the headings below for an overview of the government’s proposal. We’ll soon provide you more information about what we like and what we think can be improved.  Get on board the campaign, government needs to hear our feedback to convert these proposals into law. 

Ending Tenancies Fairly

  • Includes the removal of without ground terminations

The following new grounds are added for lessor and agents to end agreements

  • Lessor or immediate family moving in
  • Significant repair or renovations are being undertaken
  • Sale of rental property requiring vacant possession (notice can be issued during the fixed term by a new owner but cannot take effect during the fixed term)
  • Serious or significant breach due to actions of a tenant, occupant or guest
  • Person is occupying the rental property without consent

New grounds for Tenants to end agreements

  • Rental property is not in good repair, is unfit for human habitation or does not comply with minimum housing standards
  • Lessor has not complied with a QCAT Repair Order to undertake repair or maintenance of the rental property within the specified time
  • Lessor provided false or misleading information about the tenancy agreement or rental property
  • Death of a co-tenant
  • Tenant is escaping domestic and family violence (DFV)

New grounds for the state to end agreements

  • Qld Gov’t owned rental accommodation is required for a public or statutory purpose
  • The Department of Housing requires the property to manage public housing as a scarce resource
  • Lessor/agent must provide reasonable grounds if refusing a tenant’s request to keep a pet
  • An explanation of reasonable grounds to be developed
  • Lessor/agent can seek a QCAT order to exclude pets/class of pet on reasonable grounds, order may be for a period of time or on-going
  • Allows for the taking of a pet bond OR inclusion of special term requiring carpet cleaning and pest control at the end of the tenancy.
  • ‘Encourages’ disclosure of any pet exclusions to be provided when advertising properties
  • Pet ‘resume’ form to be developed for voluntary use by prospective tenants

Rental housing quality and minimum housing standards

  • Sets out minimum standards  for weatherproofing & structural soundness; plumbing & drainage; security; standard of repair of fixtures and fittings; control of pests & vermin; ventilation; lighting & privacy; cooking & food prep facilities
  • Extended time for Ts to complete entry report
  • Increased monetary value for the emergency repairs a T can organise and claim back
  • Allows As to authorise emergency repairs to specified value if a lessor is uncontactable
  • Contact details for the lessor& nominated repairer to be provided.

New QCAT repair orders which:    

– attach to a property rather than a tenancy

– can prevent a property from being rented until ordered repairs undertaken

– will consider exceptional circumstances of Ls.

– are enforceable by the RTA

– provide for representatives to raise issues on behalf of Ts

Not included in stage one reforms

The topic is not included in these reforms but flagged for stage 2.

However, renters experiencing DFV who are co-Ts will be able to apply for their bond when they end their interest in the tenancy (see below). If agreed by the A/L bond is paid out (w/t requiring agreement  from other co/ts). Otherwise usual bond dispute processes apply.

Agent/Lessor may request top up bond from continuing co-tenants (see below).

The topic is not included in these reforms but flagged for stage 2

The topic is not included in these reforms but flagged for stage 2

Other Topics included in the government’s stage one reforms

DFV – Ending tenancies

  • Tenant can provide 7 days notice of intention to leave
  • Tenant is then not responsible for rent or other liabilities beyond notice time if they have evidence of DFV = Protection order or document from authorised professional (e.g. doctor; social worker; refuge/crisis worker; DFV worker/case manager; Aboriginal and Torres Strait Islander medical service worker.
  • Tenant does not have to provide forwarding address
  • Lessor/Agent must maintain privacy about the DFV situation
  • Lessor/Agent may make an urgent QCAT app to ensure veracity of situation.

IF there are co-tenants:

  • Lessor/Agent must inform co-tenants that of the vacating tenant
  • At end of the tenant’s notice period provide the co-tenants w 7 days to decide if they continue the tenancy.

IF the co-Ts do not wish to stay

  • Lessor/Agent provides 21 days notice
  • Co-tenants are not liable for end of tenancy costs e.g. rent after the 21 days notice, advertising etc.

IF the co-tenants want to stay

  • The tenancy continues
  • Remaining tenant/s may have to increase bond if leaving tenant was a bond contributor

Two catergies of Minor Modifications have been developed: 

1) health, safety, accessibility and security;

2) amenity or personalisation

The following applies to both categories of minor modifications

  • A definition of minor mods will be included distinct from current sections which apply to fixtures.
  • Tenants must have work undertaken by qualified tradesperson when appropriate.
  • Tenants must comply with by-laws etc.
  • Current requirements for agreement between parties about end of tenancy ‘make good’ or leaving the changes apply
  • Any damage caused by Tenants is Tenant’s responsibility to fix
  • Future consideration will be given to ‘restoration’ bonds.

The following applies to the health, safety, accessibility and security minor modifications

  • Tenants can make minor modifications for health, safety, accessibility, and security reasons, including access to basic telecommunications, must inform the Lessor/Agent but do not need consent.
  • However, the Lessor/Agent may apply for order preventing changes if they have reasonable grounds

The following applies to the  amenity or personalisation minor modficatons

  • Tenants must provide 7 days notice to the Lessor/Agent
  • The Lessor/Agent must respond w/in 7 days (if park manager or owner corps involved Lessor/Agent may seek and extension)
  • The Lessor/Agent cannot unreasonably withhold consent
  • Tenants must pursue DR and QCAT if there is a dispute