QLD New Qld residential tenancies legislation

The new Residential Tenancies and Rooming Accommodation Act 2008 (Qld) commences on 1 July 2009 and will repeal the existing Residential Tenancies Act 1994 and Rooming Services (Accommodation) Act 2002.

Relevantly for private landlords and managing agents:

Advertising

The new Act prohibits anyone advertising residential premises for lease unless a fixed rental amount is stated in the advertisement. Thus you will not be able to advertise "rent ranges" such as $400 to $450 and auction-style rent bidding will be prohibited.

If a landlord (or agent) does so, not only will it be an offence under the Act but the landlord will be prohibited from collecting a rental bond from the tenant! *ouch*

Also, if a bond is collected, the landlord will not be able to recover any amount of that rental bond during or at the end of the tenancy and it will also be a second offence under the Act! *double ouch*

But you are allowed to place a sign on or near the premises advertising the premises for lease without stating the rent on the sign.

Right to dispute significant changes

The new Act will give tenants a right to dispute any "unreasonable" changes upon the renewal of a tenancy agreement (ie. going from an existing tenancy agreement to a new tenancy agreement for the same property where at least one tenant is the same).

If the tenant considers that the significant change is unreasonable, the tenant may apply to a tribunal for an order within 30 days after the tenant enters into the new agreement.

The tribunal also has the power to amend the tenancy agreement and even reduce the rent.

Significant changes are defined to include a change to:

• the special terms for the tenant agreement;
• the rent amount and whether it must be paid weekly, fortnightly or monthly;
• the way the rent must be paid;
• any services supplied to the premises, other than water, for which the tenant must pay;
• whether the tenant must pay for water supplied to the premises;
• the number of occupants allowed to reside in the premises, if there is a limit on the number of occupants; or
• whether pets are allowed.

Accordingly, landlords will have to be careful that there are no "unreasonable" changes made to a tenancy agreement when it is renewed. This doesn't prohibit rent increases but landlords will need to ensure that they can justify increasing the rent based upon market trends.

Cheers
N