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Residential Tenancies and Rooming Accommodation Act 2008 – 1 July 2016

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Residential Tenancies and Rooming Accommodation Act 2008 – 1 July 2016

Residential Tenancies and Rooming Accommodation Regulation 2009 – 19 December 2014

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A minor has the capacity to enter into a residential tenancy agreement/rooming accommodation agreement.

  • Section 28

This Act does not apply to all residential tenancy agreements. Main exceptions: 28 days or less tenancy under contract of sale, holiday rentals (period less than 6 weeks), boarders/lodgers, premises forming part of educational institutions/hospital nursing home/retirement village, rental purchase plan agreements.

  • Sections 12, 29, 30, 31, 32, 33, 34, 35

This Act does not apply to all rooming accommodation agreements. Main exceptions: not more than 3 rooms are occupied or available for occupation, rooms for holiday makers or travellers (period less than 6 weeks), premises forming part of educational institutions/retirement village.

  • Sections 16, 44

Advertising for residential tenancies must show a fixed amount for rent.

  • Section 57

The landlord/real estate agent is to provide a prospective tenant with a ‘written agreement’ document for signing (and information statement) prior to allowing the tenant to occupy the premises or accepting an amount in relation to the tenancy. Within 5 days of receiving the document, the tenant is to sign and return the document. Within 14 days of return, the landlord/real estate agent is to sign the document and return a copy signed by both parties to the tenant. Note: To comply with section 61, the landlord is to bear the cost of preparing the agreement.

  • Sections 27, 55, 58, 60, 61, 62, 64, 67, 83, 85, 87, 95, 97, 173, 174, 180, 182, 206, 216, 277; Regulations 5, 6, 11, Schedule 1

On or before occupation of the premises by a tenant under a residential tenancy agreement, the landlord/real estate agent is to prepare a property condition report in the approved form and give a copy of the report to the tenant. Within 3 days of occupation, the tenant is to sign the report, mark any parts of the report the tenants disagrees with and return the report to the landlord/real estate agent.

  • Section 65

The tenant is to prepare a property condition report in the approved form at the end of the residential tenancy, sign it and give a copy of the report to the landlord/real estate agent. Within 3 business days of receipt, the landlord/real estate agent is to sign the report, mark any points of contention on the report and return a copy to the tenant.

  • Section 66

The tenant of a moveable home in a shared community dwelling park is to be provided with a copy of the park rules. The park rules in force form part of the residential tenancy agreement.

  • Sections 52, 68, 228

Where premises form part of a body corporate scheme, the tenant is to be provided with a copy of the by-laws applying to the scheme. The bylaws in force form part of the residential tenancy agreement.

  • Sections 52, 69

If at the end of a residential tenancy for a fixed term no notices have been given to the tenant with effect to end the tenancy, the tenancy is to continue in existence on a held over basis.

  • Section 70

If a new residential tenancy agreement is offered to a tenant at the end of an existing tenancy but with 1 or more ‘significant changes’ and such change/s are unreasonable to the tenant, the tenant may within 30 days of entering into the new agreement apply to Queensland Civil and Administrative Tribunal (QCAT) for an order. One order which can be made by the tribunal is that the rent payable under the agreement be reduced.

  • Sections 6, 71, Schedule 2

House rules apply to rental premises used for rooming accommodation. Basic house rules are found in Schedule 5 of the Regulation.

  • Sections 72, 266, 267, 268; Regulation 12, Schedule 5

On or before a person hires a room (and becomes a ‘resident’), the person is to receive a ‘rooming accommodation agreement’ document (that complies with the requirements of section 77) for signing from the provider/real estate agent. Within 3 days of the resident signing the document, the provider/real estate agent is to sign the same and return a copy to the resident. Note: To comply with section 77, the provider is to bear the cost of preparing the agreement.

  • Sections 73, 77, 78, 98, 100, 101, 178, 179, 248, 257, 275, 366; Regulations 9, 10, 11, Schedule 4

On or before occupation of the room by a resident under a rooming accommodation agreement (providing for payment of a rental bond), the provider/real estate agent is to prepare a property condition report in the approved form and give a copy of the report to the resident. Within 3 days of occupation, the resident is to sign the report, mark any parts of the report the resident disagrees with and return the report to the provider/real estate agent. Note: At the start of the tenancy, the lessor must ensure the premises are clean and the premises and inclusions are in good repair.

  • Sections 80, 81, 185

If at the end of a fixed term agreement for rooming accommodation no notices have been given by the provider or resident to end the agreement, the agreement is to continue on the same terms.

  • Section 82

If a tenant pays rent by an electronic transaction, the rent is taken to be received by the landlord/real estate agent on the day the tenant effects the electronic transaction.

  • Section 86

If a tenant/resident pays rent in cash, the person receiving the rent is to issue a signed receipt.

  • Sections 88, 102

A tenant/resident may ask the landlord/provider or real estate agent for a copy of a rent payment record. A copy is to be provided within 7 days of a request.

  • Sections 88, 102

If the landlord proposes to increase the rent, the landlord must give written notice of the proposal to the tenant. The notice must state the amount of the increased rent and the day from when the increased rent is payable (which is a day at least 2 months into the future). If the tenant considers the increase is excessive, the tenant may apply within 30 days or within the agreement term (for a fixed agreement) to the tribunal for an order setting aside or reducing the rent increase. Note: A rent increase cannot be made on the existing rent until at least 6 months has passed – this is the minimum period before rent can be increased.

  • Sections 91, 92, 93

If the provider proposes to increase the rent payable under a rooming accommodation agreement, the provider must give written notice of the proposal to the resident. The notice must state the amount of the increased rent and the day from when the increased rent is payable (which is a day at least 4 weeks into the future).

  • Sections 105

A rental bond is paid by the tenant/resident and is an amount intended to be available for the financial protection of the landlord/provider against the tenant/resident breaching the residential tenancy agreement/rooming accommodation agreement. The maximum rental bond which may be collected is generally an amount equal to the rent payable for 4 weeks. The rental bond may increase if the rent payable increases and the landlord/provider gives the tenant/resident written notice of the increase and the notice complies with section 154 of the Act.

  • Sections 110, 111, 112, 154

A person receiving a rental bond must provide a receipt and, within 10 days of receiving it, pay it to the Residential Tenancies Authority (RTA) and give the RTA a notice in the approved form about the bond. The RTA after receiving the bond is to provide separate written acknowledgements of the receipt to both the landlord/provider and the tenant/resident.

  • Sections 116, 119, 120, 122, 145, 146; Regulation 21

When the RTA holds a rental bond, it retains all interest earned from investment of the bond.

  • Sections 121, 152, 153

An application for payment of the rental bond must be made in the approved form to the RTA.

  • Sections 125, 126, 130, 139, 141

The landlord must pay all charges, levies, premiums, rates or taxes payable for the premises. However, a tenant may be required under an agreement to pay an amount for the lessor’s outgoings for a general service charge (e.g. electricity, gas, water) where the tenant is enjoying or sharing the benefit of the relevant service or facility. A resident under a rooming accommodation agreement can only be required to pay for a utility service (e.g. electricity, gas, water) pursuant to the agreement where there is separate room metering.

  • Sections 163, 164, 165, 166, 167, 168, 169, 170; Regulation 22

The landlord is to ensure that tenant has quiet enjoyment of the premises. To that end, the landlord/real estate agent must not interfere with the reasonable peace, comfort or privacy of the tenant.

  • Section 183

The tenant must not cause a nuisance by the use of the premises and must not interfere with the reasonable peace, comfort or privacy of a neighbour.

  • Section 184

While the tenancy continues, the lessor must maintain the premises and inclusions in good repair and must keep any common area clean.

  • Sections 185, 191

The tenant is to keep the premises and inclusions clean, having regard to their condition at the start of the tenancy. At the end of the tenancy, the tenant must leave the premises and inclusions in the same condition they were at the start of the tenancy, fair wear and tear excepted.

  • Section 188

The landlord/real estate agent may enter the premises to inspect the premises and to make routine repairs or to carry out maintenance. Other reasons for legitimate entry are listed in section 192 of this Act. In most instances, prior to entry the landlord/real estate agent is to provide entry notice to the tenant in the approved form. Entry also in most instances can only occur after 24 hours of notice and must be at a reasonable time (8am to 6pm) and not on a Sunday or public holiday.

  • Sections 192, 193, 194, 195, 196, 197, 198, 199, 200, 201

The tenant may only attach a fixture or make a structural change to the premises if the landlord agrees in writing.

  • Sections 6, 207, 208, Schedule 2

If the tenant knows the premises or inclusions have been damaged, the tenant must give notice to the landlord (for routine repairs) and to the landlord/nominated repairer for emergency repairs. If emergency repairs are not forthcoming within a reasonable time after notice is given, the tenant may arrange for a suitably qualified person to make the repairs and seek reimbursement from the landlord or require the landlord to pay. Note: The tenant is to provide written notice complying with section 219 of the Act to the landlord for reimbursement/payment by the landlord and the maximum expenses for reimbursement/payment is equal to two weeks rent. Alternatively, the tenant may apply to the tribunal for orders.

  • Sections 214, 215, 217, 218, 219, 220, 221

A tenant may only transfer all or a part of their interest in the agreement or sublet the premises if the landlord agrees in writing. If the landlord unreasonably fails to agree to a transfer or subletting, the tenant may apply to the tribunal for an order.

  • Sections 238, 239, 240

A proposed buyer of a premises is to be given written notice of the tenancy by the current owner. Upon the property being transferred, the previous owner is to provide written notice of the transfer (‘an attornment notice’) to the tenant. The attornment notice is to state the buyer’s name and address and is to direct the tenant to make all future payments of rent to the buyer.

  • Section 242

A provider of rooming accommodation has an obligation to take reasonable steps to ensure the security of the resident’s room and the resident’s personal property in the room. The provider also has an obligation to take reasonable steps to ensure the resident’s room and common areas and facilities are kept in good repair.

  • Section 247

A provider of rooming accommodation must take reasonable steps to ensure the resident has quiet enjoyment of the resident’s room and common areas. To this end, the provider/real estate agent must not interfere with the reasonable peace, comfort or privacy of the resident.

  • Section 249

A resident of rental premises has an obligation not to interfere with the reasonable peace, comfort or privacy of another resident. A resident also has an obligation to leave the room and inclusions at the end of the agreement in the same condition they were in at the start of the agreement, fair wear and tear excepted.

  • Section 253

The resident may only attach a fixture, or make a structural change, to rental premises if the provider agrees in writing.

  • Sections 6, 254, 255, Schedule 2

A provider may inspect a resident’s room (at a reasonable time) if written notice of entry is given to the resident at least 48 hours before the entry.

  • Section 258

A provider may enter a resident’s room (at a reasonable time) to clean the room and to make routine repairs or to carry out maintenance if written notice of entry is given to the resident at least 24 hours before the entry. Note: Other reasons for legitimate entry are listed in section 259 of this Act.

  • Sections 259, 260, 261, 262, 263, 264

If rent remains unpaid for at least 7 days or the tenant has breached another term of the agreement (and the breach has not been remedied), the landlord may give written notice in the approved form to the tenant requiring the tenant to remedy the breach within the allowed remedy period (of at least 7 days duration). If the tenant fails to remedy the breach within the allowed remedy period, the landlord may give a written notice to leave the premises in the approved form to the tenant.

  • Sections 280, 281, 290A, 291, 292, 293, 296, 297, 299, 325, 326, 328, 329, 330, 333, 335, 355, 356, 357, 361, 419, 420; Regulation 25

The landlord under a periodic agreement may give a notice to leave the premises to the tenant because the lessor has entered into a contract to sell the premises with vacant possession.

  • Section 286

If the landlord has breached the agreement and the breach has not been remedied, the tenant may give a written notice in the approved form to the landlord requiring the landlord to remedy the breach with the allowed remedy period (of at least 7 days duration). If the landlord fails to remedy the breach within the allowed remedy period, the tenant may give written notice of intention to leave the premises in the approved form to the landlord.

  • Sections 301, 302, 303, 308, 309, 311, 313, 315, 325, 327, 328, 331, 332, 334, 335, 419, 420; Regulation 25

Goods left on the premises after the residential tenancy agreement ends are the responsibility of the landlord. The landlord may be entitled to sell the goods (with proceeds to be directed to the public trustee) or may be obliged to store the goods for the tenant.

  • Section 363; Regulations 26, 28, 29

If a resident has breached the rooming accommodation agreement and the breach has not been remedied, the provider may give the resident a written notice in the approved form requiring the resident to remedy the breach by a stated due date. If the breach remains unremedied after the due date, the provider may give a notice to leave the premises in the approved form to the resident.

  • Sections 368, 369, 370, 372, 373, 376, 388, 419, 420; Regulation 25

If the provider has breached the rooming accommodation agreement and the breach has not been remedied, the resident may give the provider a written notice in the approved form requiring the provider to remedy the breach by a stated due date (at least 5 days into the future). If the breach remains unremedied after the due date, the resident may give a notice terminating the agreement in the approved form to the provider.

  • Sections 378, 379, 381, 382, 388, 419, 420; Regulation 25

Goods left on the premises after the rooming accommodation agreement ends are the responsibility of the provider. The provider may be entitled to sell the goods (with proceeds to be directed to the public trustee) or may be obliged to store the goods for the resident.

  • Sections 390, 393; Regulation 27

A landlord/provider or tenant/resident may make a request in the approved form to the RTA asking it to try to resolve a tenancy dispute/rooming accommodation dispute. Upon receiving the request, the RTA must start a conciliation process for the parties to the dispute. Note: A request for conciliation must be made prior to an application to QCAT under this Act (urgent applications excepted).

  • Sections 6, 402, 403, 404, 405, 406, 408, 413, 415, 416, Schedule 2

If a person applies to a lessor to enter into a residential tenancy agreement, the lessor or agent must, when the application is made, give the applicant written notice of: the name of all the tenancy databases the lessor or agent usually uses; that the reason the lessor or agent uses the relevant databases is for checking a person’s tenancy history; and for each relevant database, how a person may contact the database operator and obtain information from the operator.

  • Sections 457, 458A, 458B, 459C

If a person believes they have been wrongly entered onto a tenancy database, they may apply to QCAT. The tribunal may order personal information about the tenant be omitted from the database.

  • Sections 457, 458, 459, 460, 461; Regulations 13, 14
Reason for law

To state the rights and obligations of (a) tenants, lessors and agents for residential tenancies; and (b) residents, providers and agents for rooming accommodation. (Section 5)

Relevant links

Renting [Queensland Government]

Residential Tenancies Authority

Forms for general tenancies [including general tenancy agreement form]

Forms for rooming accommodation [including rooming accommodation agreement form]

Fact sheets

When a property is for sale

Median rents quick finder

Getting your rental bond back

Residential tenancy disputes [Queensland Civil and Administrative Tribunal]

Tenancy database

Tenants Queensland

Qld Statewide Tenant Advice and Referral Service (QSTARS)

Accommodation Association of Australia

Media Release

Tenancy database changes better protect domestic violence victims [Queensland Government]

Media article

Rental Rights in Australia You Didn’t Know You Have

Rental insecurity: why fixed long-termleases aren’t the answer

APL-SS Bulletin

2016-01 – Reforms to Tenancy Databases in Queensland

Critique

Section 527A contains multiple definitions for terms which may lead to confusion.

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