Rental Law Reform
Housing Legislation Amendment Bill 2021
The Housing Legislation Amendment Bill 2021 (HLA Bill) received royal assent and became law on Wednesday 20 October 2021. However, it’s important to remember that not all changes commence immediately.
Queensland's new legislation, which is administered by the RTA, has amended the following legislation:
Residential Tenancies and Rooming Accommodation Act 2008
Residential Tenancies and Rooming Accommodation Regulation 2009
Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020
As Queensland’s rental authority, the RTA will continue to administer the legislation and provide training, education, forms, resources, compliance and support services to guide tenants, property managers and property owners through these important changes to rental laws.
The RTA will continue to work with the Queensland Government and the Queensland renting community to ensure everyone has access to timely, accurate and impartial information, resources and education about changes to residential tenancy laws.
We strongly encourage Queensland tenants and property owners/managers to subscribe to RTA News to stay up to date on the latest announcements.
What is changing and when?
While the new tenancy legislation has been made law, it’s important to remember that not all changes commence immediately.
The first change to be introduced is to provide options for people experiencing domestic and family violence to end a tenancy, which commenced on 20 October 2021.
The remaining reforms will be implemented in phases over a three-year period to ensure the sector has sufficient time to prepare for, understand and adopt the changes.
Summary of implementation times
Domestic and family violence protections Commenced 20 October 2021
Framework for all parties to negotiate renting with pets Will commence on proclamation on a date yet to be set
Changes to approved reasons to end a tenancy Will commence on proclamation on a date yet to be set
Minimum housing standards Due to commence for new tenancy arrangements from 1 September 2023 and all tenancies from 1 September 2024
You can read more about the intention of the Bill in the explanatory notes.
Learn about the changes to RTA forms.
Domestic and family violence protections Commenced 20 October 2021
Options for people experiencing domestic and family violence to end a tenancy have commenced.
These arrangements are similar to those that were in place as temporary measures during the COVID-19 pandemic period with some changes made based on learnings from the COVID-19 implementation.
These changes confirm that tenants/residents vacating a rental premises on grounds of experiencing domestic and family violence:
can vacate immediately but must provide 7 days notice and pay rent until the end of the 7 day notice period
must complete a Notice ending tenancy/residency interest (domestic and family violence) (Form 20, R20) and provide relevant evidence (such as a Domestic and family violence report)
are not responsible for costs relating to ending of a tenancy/rooming accommodation agreement or interest, goods left behind in the rental premises or reletting costs
are not required to repair or compensate the property manager or owner for damage to the premises or inclusions caused by an act of domestic and family violence experienced by a tenant/resident
are still responsible for costs associated with breaching terms of an agreement which are not related to the domestic and family violence (for example, rent arrears or damage to the property by a pet)
can request their bond contribution be refunded by completing a Bond refund for persons experiencing domestic and family violence (Form 4a). Property owners/managers can also request a rental bond refund for a tenant/resident’s bond contribution where a tenant/resident has vacated due to domestic and family violence by completing this form
any remaining tenants/residents can be asked by the property owner/manager to top up the rental bond within one month by issuing remaining tenants/residents with a Continuing interest notice strictly between 7-14 days only after a vacating tenant/resident’s interest in the agreement ends
can change the locks to the property without requiring the property owner/manager’s consent to ensure their safety but must provide copies of keys or access codes to the rental property owner/manager as soon as practicable.
It is critical that property owners/managers maintain the privacy of a tenant/resident who is experiencing domestic and family violence to ensure their safety. Penalties apply if the legislative requirements are not followed.
Every person has the right to feel safe and live free from violence, which is why ending domestic and family violence is a community responsibility. Help and support is available for Queenslanders affected by domestic and family violence.
Framework for all parties to negotiate renting with pets Will commence on proclamation on a date yet to be set
Once implemented, these changes will support parties to reach agreement on renting with pets. Prescribed reasonable grounds for refusing a request for approval to keep pets will be introduced (such as keeping the pet would breach laws or by-laws). Strict timeframes will also apply for property owners/managers to respond to any requests for a pet or the request will be considered approved.
Supporting information and resources on this future change will be made available closer to implementation.
Changes to approved reasons to end a tenancy Will commence on proclamation on a date yet to be set
Once implemented, these changes will remove the option to end a tenancy without grounds and instead provide tenants and property owners/managers with a wider range of specific grounds on which to end a tenancy with appropriate notice with prescribed notice periods. New grounds (reasons) for owners/managers to end tenancies will include the end of a fixed-term agreement, to undertake significant repair or renovations, change of use or sale or preparation for sale of the rental property requires vacant possession.
New grounds for tenants to end tenancies will include the property is not in good repair or does not comply with minimum housing standards.
Supporting information and resources on this future change will be made available closer to implementation.
Minimum housing standards Due to commence for new tenancy arrangements from 1 September 2023 and all tenancies from 1 September 2024
By prescribing minimum housing standards, clarifying repair and maintenance obligations and introducing compliance mechanisms to strengthen the ability to enforce these standards, the Queensland Government aims to ensure all Queensland rental properties are safe, secure and functional.
Supporting information and resources on this future change will be made available closer to implementation.
Further background
On 18 June 2021, the Queensland Government introduced the Housing Legislation Amendment Bill 2021 to the Queensland Parliament.
The Bill was referred to the Community Support and Services Committee for detailed consideration and submissions were invited on the proposed changes through the Committee process until 13 July 2021.
The Committee tabled its report on the Bill on 16 August 2021.
The Bill was passed by Queensland Parliament on 14 October 2021.
To learn more about the Renting in Queensland rental reforms process, visit chde.qld.gov.au.
Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021
On 26 May 2021, Dr Amy MacMahon MP, Member for South Brisbane, introduced the Residential Tenancies and Rooming Accommodation (Tenants’ Rights) and Other Legislation Amendment Bill 2021 (Bill) into the Queensland Parliament. The Bill was referred to the Community Support and Services Committee and public submissions were invited until 13 July 2021.
The Committee tabled its report on the Bill on 16 August 2021.
The Bill was discharged on 14 October 2021.
More information on both Bills is available on the Committee webpage.
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Author:
Residential Tenancies Authorities