Queensland tenancy laws have changed from 1 October 2022, providing changes to rental rights and responsibilities around ending a tenancy, renting with pets, repair orders and other amendments.
The Residential Tenancies Authority (RTA) has a wide range of resources available on its website and many of the RTA forms have been updated as well to reflect the tenancy law changes. A brief summary of the changes has been included below for information.
Ending a tenancy
As of 1 October 2022, there are a wider range of reasons for tenants, property managers and owners to end a tenancy. The option for property managers and owners to end a periodic tenancy ‘without grounds’, meaning without providing a specific reason, is no longer available. However, all other previous reasons to end a fixed term or periodic tenancy remain in place.
New reasons from the expanded list of approved reasons to end a tenancy for property managers and owners include:
- a fixed term tenancy is coming to an end
- the property is being prepared for sale or is being sold with vacant possession
- the owner or their relative is moving in
- change of use of the property
- the owner is doing significant repairs or renovation, or
- the property is subject to demolition or redevelopment.
Additional reasons have also been added to allow tenants to end a tenancy, including:
- if the property is not in good repair
- if the owner has failed to comply with a repair order
- if a co-tenant passes away, or
- for residents in student accommodation, if you are no longer a student and need to leave.
Refer to the Ending a tenancy agreement for managing parties fact sheet and Ending a tenancy agreement for tenants/residents fact sheet for more details. Renting with pets A new framework has been introduced to support negotiations around renting with a pet in all tenancies – it does not apply during the rental application process. Tenants are required to formalise their request to keep a pet in the rental property by completing and submitting a Request for approval to keep a pet at rental property (Form 21) to their property owner/manager. The property owner/manager can provide approval subject to reasonable conditions as agreed with the tenant, or refuse the request providing a reason that is outlined in the legislation. They must also respond to the request within 14 days after receiving the request, otherwise the request will be considered approved. For examples of reasonable conditions for pet approval and the full list of reasons under the law for refusing a pet request, please refer to Renting with pets fact sheet. Repair orders and other amendments Tenants and property owners/managers should talk to each other to try and self-resolve any issues that arise, and the breach process still remains to help formalise a repair request. From 1 October 2022, tenants can apply for a repair order from the Queensland Civil and Administrative Tribunal (QCAT) if routine or emergency repairs have not been addressed in a reasonable timeframe. Any repair order issued will be attached to the property and not to the tenancy. A property owner/manager will be responsible for complying with the repair order and they must disclose any outstanding repair orders to new tenants. Further details are available from the Repair orders fact sheet. Other amendments around repairs include:
- a requirement to provide the name and contact details for nominated repairers in the tenancy agreement
- an extension of the timeframe for a tenant to return their Entry Condition Report at the start of their tenancy to 7 days
- increase in the value of emergency repairs a tenant can arrange for up to the equivalent of four weeks rent
- an ability for the property manager to make deductions from rent payments for the cost of emergency repairs (equivalent to four weeks rent maximum).
More information and resources
Resources about the rental law changes include:
- Four short animation videos providing an overview of the changes and details on each topic of change
- New tenancy law changes summary webinar
- Part 1 Ending tenancies – Oct 2022 rental law changes webinar series
- Part 2 Renting with pets – Oct 2022 rental law changes webinar series
- Part 3 Repair orders – Oct 2022 rental law changes webinar series
- Renting with pets – webinar with the Office of the Commissioner for Body Corporate and Community Management (BCCM)
- Part 1 Rental law changes overview – October 2022 podcast series
- Part 2 Ending a tenancy – October 2022 podcast series
- Frequently asked questions: which laws apply, how and when?
- Tenants quick guide: what do the 1 October 2022 rental law changes mean for me?
- Property managers/owners quick guide: what do the 1 October 2022 rental law changes mean for me?
If you have any questions about the latest Queensland rental law changes, or if you require more information about your tenancy rights and responsibilities, please visit our website rta.qld.gov.au.
