Recent amendments to the Residential Tenancies and Rooming Accommodation legislation in Queensland, enacted through the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024, bring several significant changes aimed at enhancing tenant protections and promoting fairness in the rental market.
Key changes include:
- Rent Increase Frequency: rent increases are now limited to once every 12 months, applied to the rental property rather than the tenancy. This aims to provide tenants with more stability in their rental costs.
- Ban on Rent Bidding: all forms of rent bidding are prohibited. This prevents landlords from asking potential tenants to offer higher rents in competitive markets, promoting more equitable access to rental properties.
- Bond Lodgement Requirements: new requirements mandate that bonds must be lodged with the Residential Tenancies Authority (RTA). Additionally, tenancy agreements must now include the date of the last rent increase.
- Notice for Property Entry: tenants’ privacy is better protected with a requirement for 48 hours’ notice before property entries, except for general inspections, safety checks, or emergencies.
- Application and Privacy Measures: a prescribed form for rental applications is being developed to ensure secure storage and destruction of personal information. Tenants are also given a fee-free option to pay rent and can choose how to apply for a rental property.
- Bond and Dispute Resolution: rental bonds are capped, and any claims against them must be substantiated. The Act also includes provisions for developing a portable bond scheme and a Rental Sector Code of Conduct.
The legislation also updated several forms to reflect these changes, including entry condition reports, bond lodgement forms, and general tenancy agreements.
These reforms are part of the Queensland Government’s broader effort to create a more balanced and transparent rental market, responding to the needs and feedback of renters, property owners, and other stakeholders.
These amendments to the Residential Tenancies and Rooming Accommodation Act in Queensland, which took effect on June 6, 2024, have several implications for the REIQ residential contracts.
- Disclosure Requirements
- Sellers must disclose if the property has been under a tenancy agreement in the past 12 months and the date of the last rent increase. This is to comply with the new rule that limits rent increases to once every 12 months per property, not per tenancy.
- Provision of Evidence
- At settlement, sellers must provide documentation that proves the date of the last rent increase. This ensures compliance with sections 91 and 93 of the RTRA Act, which require landlords to provide evidence of the last rent increase upon request from tenants.
- Changes to Contract Editions
- The REIQ has updated the Contract for Houses and Residential Land (19th edition) and the Contract for Residential Lots in a Community Titles Scheme (15th edition) to reflect these new obligations.
These amendments to the Residential Tenancies Act are designed to increase transparency, ensure fair treatment of renters, and provide clear guidelines for property transactions involving rental properties. Reach out to Rouse’s expert property lawyers in Brisbane if you have any concerns or need help interpreting what the changes mean to you.
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