Professionals Burleigh 
Is your property manager keeping you up to date?
Queensland’s residential rental landscape has recently undergone significant changes with the introduction of a new set of laws. These updates aim to create a fairer and more balanced environment for both landlords and tenants.
Understanding these changes is crucial for every property owner and manager. Whether you’re a seasoned landlord or just starting your investment journey, staying compliant is essential to avoid potential disputes and ensure a smooth rental experience.
This article provides a comprehensive list of the key legislative updates you need to be aware of according to the Residential Tenancies Authority (RTA). We’ll cover everything from rent bidding restrictions, privacy, bond proceses, information sharing and ending tenancies.
Please note: This article is a list of the key changes outlined in the QLD Residential Tenancies Authority’s (RTA) recent legislative updates. For a complete and detailed explanation of the new laws, please refer to the RTA website here.
Rent and Increases
Rent bidding – any person (not restricted to managing parties only) involved in the tenancy agreement process, cannot invite, solicit, or accept an offer higher than the advertised rental amount from prospective tenants (maximum 50 penalty units).
Maximum rent in advance – a property manager/owner cannot, at the start of a new tenancy, solicit, accept or invite a prospective tenant to pay more rent in advance that exceeds two weeks for a periodic tenancy agreement or movable dwelling tenancy agreement and one month for a fixed tenancy agreement, even if a prospective tenant makes an offer to pay more than the amount prescribed in the legislation. Note: throughout the course of a tenancy, a tenant may negotiate how much rent in advance can be paid.
Rent increases – rent increases can only occur once every 12 months and this now applies to the property or room, rather than the tenancy or rooming agreement. When starting a new rental agreement, you cannot charge more than the previous tenancy if the property is re-let within the same 12 month period (maximum 20 penalty units). Additionally, new rental agreements must state the date of the last rent increase, so be sure to include this information when preparing a new tenancy or rooming agreement (maximum 40 penalty units).
Exemptions for rent increases – exempt property managers/owners and exempt providers/agents will be exempt from minimum period to increase rent. The Act provides definitions for an exempt property manager/owner and an exempt provider.
Evidence of last rent increase – a tenant may request in writing, evidence of the date of the last rent increase from the managing party, and you must provide to them within 14 days (maximum 40 penalty units). However, the requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement and you do not have information about the date of the last rent increase.
Fixed price for rooming – you must advertise a room at a fixed price (maximum 50 penalty units).
Undue hardship – you may apply to Queensland Civil and Administrative Tribunal (QCAT) for permission to increase rent within 12 months due to undue hardship. The tribunal must have regard to any representation made by the tenant, in relation to affordability and ability to continue to pay rent.
Balancing privacy and access
Smoke alarms – as a managing party, you may enter a room for the purposes of installing, maintaining or repairing smoke alarms, provided you issue a notice of entry to the tenant, at least 24 hours in advance
Rental bond processes
Commercial bond loans – if a tenant or resident obtains a bond loan from a commercial lender, their agreed share of the bond will be directly refunded to the tenant.
Bond for rooming accommodation / boarders and lodgers – if you take a bond for a room in a premises, where the owner lives onsite and there are three or less rooms for rent (including student accommodation), then you must lodge the bond with the RTA within 10 days. The Act still does not cover this type of living arrangement or agreement unless it is a bond-related matter.
Bond disputes – if a bond dispute is dismissed or withdrawn at Queensland Civil and Administrative Tribunal (QCAT), the RTA can release the bond as per the original request.
Regulations and enforcement
Establish new regulations – three new Heads of Power (regulations) will be established to oversee the development and implementation of (1) a new portable bond scheme (2) rental sector code of conduct and (3) applications to make modifications for safety, security or accessibility. Keep an eye on the RTA’s website for notice when these new regulations and requirements come into effect.
Information sharing – the RTA will have the ability to share information with other regulatory bodies including the Office of Fair Trading.
Providing false and misleading information – expanded to include ‘the authority’ (RTA) and penalty provisions apply.
Greater enforcement – new offence provisions allow the RTA to take greater enforcement actions to uphold compliance with the Residential Tenancies and Rooming Accommodation Act 2008. As a managing party, it is your responsibility to familiarise yourself with the new laws and to understand and meet any new or additional requirements and obligations.
Other changes
Ending tenancies – there are new grounds to end a short tenancy for moveable dwellings due to the end of the agreed short tenancy period. There is also greater clarity on ending tenancies when a community title scheme (that is, a body corporate for units or townhouses) is terminated and changes to terminology with regards to ending a tenancy due to student entitlement.
Goods left behind – managing parties must now make reasonable efforts to contact former tenants or residents, using several specified communications methods to advise them of their goods left behind. There is also a revised process for the sale or disposal of goods where former tenants or residents are not contactable.
Other – in general, some terminology and minor amendments have changed and while some penalty provisions have been added, others have been increased.
Additional Changes:
Additional changes introduced under the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 will continue to be rolled out. Keep an eye on our website for further information as listed below
For more information visit the Residential Tenancies Authority website rta.qld.gov.au/rental-law-changes. The above information is from the RTA’s recent rental law changes which can be found on their website.
We understand that navigating these changes and ensuring compliance can be overwhelming. That’s where Professionals Collective comes in! We are a team of experienced property management professionals dedicated to helping landlords like you maximize your investment returns while maintaining a positive relationship with your tenants.
Our team of experts can answer your questions, address any concerns you may have, and help you implement best practices to navigate the new legal landscape.
Contact Donna Goodall our Head of Property Management Department for a free consultation:
P: 07 5669 2490
M: 0431 550 646
E: pm2@professionalscollective.com.au
Let us handle the complexities of property management, so you can focus on enjoying the peace of mind that comes with a well-managed investment property.
