Modifications and personalisation – proposed reforms

The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 proposes reforms to strengthen renters’ rights and stabilise rents. The Bill is not yet law and has been referred to the Housing, Big Build and Manufacturing Parliamentary Committee for consideration.

Framework to install safety, security or accessibility modifications

Some renters need to modify their rental property for safety, security or accessibility purposes. Currently, under the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), renters and property owners can agree to changes, but owners don’t always respond promptly and sometimes unreasonably withhold consent.

The Bill proposes to provide the authorising environment to develop framework for parties to agree on installing modifications that are necessary for a renter’s safety, security or accessibility.

The framework will be developed in consultation with the residential rental sector.

This reform will make it easier for renters to live safely and independently in their rented home.

Changes that aren’t necessary for safety, security or accessibility

Renters often wish to personalise their rental property, such as hang pictures or plant a garden, to make it feel like home. Currently, there is no formal process to request such a change or respond to a request.

The Bill proposes to require:

  • renters to make requests on an approved form
  • rental property owners to provide a decision in writing within 28 days unless the parties agree to a longer timeframe.

If the owner agrees, they can include conditions such as the change must be removed at the end of the tenancy.

If parties can’t agree, and the Residential Tenancies Authority dispute resolution service can’t resolve the dispute, renters will be able to apply to the Queensland Civil and Administrative Tribunal for an order about attaching a fixture or making a structural change.

This reform will encourage renters to stay in their rental property longer.

Changes to a common area

Currently, the RTRA Act isn’t clear about the responsibilities of parties or the process to request a change to a common area.

The Bill proposes that, if a renter requests a change to a common area, the property owner must advise the renter of their decision within 28 days.

If the owner approves the request, the decision will be subject to agreement by the body corporate. The owner must give the request to the body corporate within 28 days of receiving it from the renter.

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