Aspire Property Management for Rental Law Reform Compliance
Please comply with the important information regarding Queensland Rental Law Reform Changes to occur from 1 October 2022.
Please rest assured that with Aspire you are in safe hands in relation to these changes. We are proactively taking steps now to protect your interests, as follows.
See the Residential Tenancy Authority Summary of Rental Law Changes here.
Background Information provided by REIQ
The below additional information is provided directly by the REIQ as its summary of the legislative changes. For more information, please see below and the following links to REIQ Factsheets.
The Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (the RTRA Act) which governs residential tenancies in Queensland has been amended by the Queensland Government. Although some of the changes came into effect on assent on 20 October 2021, there are significant changes coming into effect on 1 October 2022.
Property Managers and their lessors may need to take steps leading up to the changes including changing internal processes and resources to make sure they are compliant with the new tenancy laws.
Some of the most critical changes relate to:
Ending Tenancies
- The grounds for ending fixed term and periodic tenancies have changed – there are now several new grounds and some changes to existing grounds.
- The right of a lessor to end a periodic tenancy without grounds has been removed and from 1 October 2022, lessors can only end a periodic tenancy for specific prescribed grounds under the RTRA Act.
- There are new offence provisions and penalties if a Form 12 Notice to Leave is issued on grounds and limitations are not complied with.
- There are new grounds for a tenant to end a tenancy within the first 3 months by application to QCAT for false and misleading information given by a property manager or lessor about certain matters.
- Expansion of grounds for tenant’s right to issue Form 13 Notice of Intention to Leave.
- There are new grounds for lessor to make QCAT application to end tenancy.
Nominated Repairers & Repair Orders
- The Form 18a General Tenancy Agreement must identify if a nominated repairer is the tenant’s first point of call for emergency repairs.
- There are new requirements for tenant to contact nominated repairer before carrying out emergency repairs.
- New type of QCAT order introduced – Repair Order.
- Tenant can apply if property or inclusions need repairs that fall into category of routine or emergency repair.
- Outstanding Repair Orders must be disclosed in Form 18a General Tenancy Agreement.
- A property cannot be lawfully leased while a Repair Order is outstanding.
Pet Approvals & Refusals
- Properties can no longer be advertised as “no pets allowed”.
- Lessors must respond to pet request within 14 days – or their approval will be deemed.
- Lessors can only refuse a pet request on prescribed grounds, and they must give reasons to tenant for why they believe those grounds apply.
- Lessors can impose conditions on a pet approval in line with the prescribed requirements.
Minimum Housing Standards
Maximum Spend Limit For Emergency Repair
- Tenants and property managers are now able to arrange emergency repairs to be made to the property up to a maximum amount equal to four (4) weeks’ rent under their tenancy agreement (increased from two (2) weeks’ rent)
Other Changes
- New procedure and requirements for changing locks.
- Expanded retaliation provisions related to repair matters.
- Domestic & Family Violence provisions.
- Minimum Housing Standards coming into effect on 1 September 2023 for new tenancies and 1 September 2024 for existing tenancies.
- New provisions for death of a sole tenant and co-tenant.
- New provisions for entry condition reports.
What actions are we taking?
Form 6 Amendment
This will be for pre-approval for agent to administer payment of 4 weeks rent for emergency repairs.
Now issuing a form 12
Aspire is now issuing a Form 12, Notice to Leave with every Lease Renewal offer provided to a tenant.
FOLLOW ADVICE OF ASPIRE
These laws will affect the management of your rental property and we encourage you to be informed.
Please note
Aspire Property Management provides management services as licensed real estate professionals that comply with the requirements of the Queensland Rental Law Reform.