Further Proposed Changes to Queensland Residential Tenancy Legislation

On 21 March 2024, the Queensland Government introduced the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024.

The Bill’s purpose is to further strengthen tenants’ rights and stabilise rents in the private rental market.

The proposed amendments include:

- adopting a standard rental application form (as yet only partially specified) which limits the information a tenant need provide.

- applying the 12 month rent increase restriction to the property rather than the lease, regardless of a change in property ownership. Lease breaks may lead to rent increases during future lease terms rather than at the commencement of the lease term.

- requiring leases to state the date of last rent increase, with tenants permitted to request evidence of such increase. Existing leases are exempt.

- prohibiting rent bidding, including accepting an unsolicited offer higher than advertised.

- capping reletting costs in the event of a lease break.

- legislating that a landlord cannot act unreasonably in refusing a tenant’s request to attach a fixture or make structural changes to the premises relating to safety, security and accessibility. Tenants may seek recourse through QCAT if denied approval.

- capping rent in advance payments to a maximum of 4 weeks rent - the amendment changes the prohibition on requiring an advance payment to accepting an advance payment. This may necessitate refunds in certain circumstances to prevent breaches although perhaps less problematic with periodic payment arrangements.

- adding new time limits for the provision of water service charges payable by a tenant.

One of the Bill’s stated aims is to improve the rental experience for Queensland renters and property owners. Some landlords may contend that the seemingly endless legislative amendments are having the opposite effect. Agents are also facing more compliance tasks and complicated leasing arrangements.

The deadline for submissions on the Bill is 10 April 2024.

RTA - Have your say on new rental law reforms

April 2024

© PELEN 2024

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