New legislation for renting in QLD

In Queensland, the RTA (Rental Tenancies Authority) outline strict legislation that we have to adhere to as property Managers, Property Owners and Tenants. These laws are there so everybody is treated fairly, properties are kept up to certain condition and everybody should be able to live happily ever after.

In October last year we had a change in the legislation relating to tenants who have been affected by domestic and family violence. The laws allow for the victims to end their tenancy early to get away from a violent person or situation, or to change the locks to ensure safety under these circumstances.

The next stage of changes came into place on 1 October 2022. 

These changes affect tenants renting with pets, and the reasons we (as a property manager/property owner) can terminate a lease agreement.

Renting with Pets

From now on, owners will now only be able to refuse a pet on prescribed reasonable grounds. There are clear rules in relation to renter’s requests for pets:

• Tenants will be liable for any damage caused by the pet (as they are now).
• Blanket “no pets” rules will be prohibited
• Owners will have to consider the specific circumstances or the specific attributes of a pet request
• Strict timeframes will also apply for property owners/managers to respond to any requests for a pet or the request will be considered approved.
• ‘Pets’ can include a wide range of animals and are not restricted to dogs and cats.

Grounds to refuse a pet will include –

• the rental property is unsuitable for the proposed pet
• the pet poses an unacceptable risk to health and safety eg venomous pets
• keeping the pet would breach laws, by-laws or park rules
• request exceeds a reasonable number of animals to be kept
• animal is not a pet

Keeping a pet may be subject to conditions –

• Conditions only to relate to keeping a pet on the premises
• They must be reasonable in regard to the type of pet and nature of premises.
• Conditions must be included in the lessor’s written approval.
• They are void if they increase the rent or bond, require a form of security
• Examples of reasonable conditions
  • If the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises
  • if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy
  • if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

Changes to approved reasons to end a tenancy

The new laws will allow property owners to only end tenancy agreements for approved reasons

• Serious breach caused by the actions of a tenant, occupant or guest
• Person is occupying without consent Repeated tenant breach of by-laws or park rules
• For purpose-built off campus student accommodation: the tenant is no longer entitled to reside in the student accommodation
• Owner or their relative need to occupy the rental property
• Significant repair or renovation to be completed at the rental property
• Sale or preparation for sale of the rental property requires vacant possession
• Planned property redevelopment or demolition
• Change of use (e.g., move to short-stay accommodation)
• Queensland Government owned rental accommodation is required for a public or statutory purpose

In addition, for fixed term agreements only, the agreement can be ended because it is the end of the fixed term agreement. Current ‘without ground notices’ will no longer apply once the new laws are in place.

The new laws also include the following reasons for tenants to end a tenancy

• Condition of the premises ie the rental property is not in good repair, is unfit for human habitation or does not comply with Minimum Housing Standards
• The owner has not complied with a QCAT repair order to undertake repair or maintenance of the rental property
• The owner provided false or misleading information about the tenancy agreement or rental property
• A co-tenant has died
• For purpose-built off campus student accommodation: the tenant is no longer entitled to reside in the student accommodation
• Note – tenants/residents can still issue a without grounds notice of intention to leave but the handover date cannot be before the end of the fixed term agreement

From September next year, minimum housing standards will apply and a change in the legislation around repair requests will come into play at a date that hasn’t yet been set.

For any further information please contact me or refer here