Other rental sector proposed improvements
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.
Domestic and family violence protections
The Bill proposes amendments that clarify that a co-renter may apply to the Queensland Civil and Administrative Tribunal for an order to be recognised as the sole renter if another person in their household with whom they have an intimate, family or informal care relationship with, has perpetrated domestic and family violence.
This will make it easier for renters who are experiencing domestic and family violence to stay in their rental home if they wish.
The Bill proposes to prohibit rental property owners and property managers from disclosing any personal information about vacating renters who are experiencing domestic and family violence, including any evidence that supports a notice ending the tenancy.
This change will reassure renters experiencing domestic and family violence that sensitive information that could affect their safety will not be disclosed, such as their contact details, new address or intention to leave the rental property.
Greater clarity about ending a short tenancy
This proposed reform applies to moveable dwellings (i.e. caravans) that are not being used for holiday accommodation. The Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) currently allows parties to:
- enter a short tenancy (moveable dwelling) for up to 42 days
- extend this period up to a further 42 days.
However, unlike other tenancy agreements, the RTRA Act does not set out how to end a short tenancy. This has created uncertainty.
The Bill proposes to introduce a formal process for ending short tenancies. Rental property owners or property managers will be able to issue a Notice to Leave for end of short tenancy (moveable dwelling), with a minimum notice period of 2 days.
The Bill also proposes amendments to allow renters to issue a Notice of Intention to Leave for end of short tenancy (moveable dwelling), with a minimum notice period of 1 day. A notice will end the agreement on the last day of the agreed short tenancy period or extended period if the parties agree to an extension.
This change will clarify how each party can end a short tenancy (moveable dwellings), which will provide more certainty for both parties.
Effective termination of community titles schemes
A key action from the Queensland Housing Summit Outcomes Report is to deliver more housing by reforming body corporate laws to allow uneconomical community titles schemes to be terminated to facilitate renewal and redevelopment.
The Bill proposes to include a note under existing sections of the RTRA Act to refer to the Body Corporate and Community Management Act 1997 (BCCM Act) for the termination of a residential tenancy agreement if a community titles scheme is terminated.
This change will support BCCM Act amendments, which enable a body corporate to terminate a community titles scheme for economic reasons, facilitating renewal and development.
Protections for rooming accommodation residents
Residents in rooming accommodation are often vulnerable or disadvantaged. Under current rental laws, providers and owners must:
- enter into rooming accommodation agreements with residents in writing
- specify the amount of rent attributable to accommodation, a food service, a personal care service or another service.
The Bill proposes to increase the penalties for breaching this requirement. This change will strengthen protections for rooming accommodation residents.
Under current rental laws, providers and owners who wish to enter rooming accommodation to install, maintain or replace smoke alarms must negotiate with individual residents who can refuse entry.
The Bill proposes to include a new ground to enter rooming accommodation to install, maintain or replace a smoke alarm. A similar ground already exists for residential tenancy agreements. This change will increase the safety of rooming accommodation residents.
Residential Tenancies Authority operational improvements
The RTRA Act currently allows the Residential Tenancies Authority (RTA) to disclose information about renters and property owners in very limited circumstances.
The Bill proposes to allow the RTA to share information with particular government entities. This change will allow:
- the RTA and the Office of Fair Trading to collaborate on enforcement matters and conduct joint investigations
- the RTA to collaborate with the Department of Housing, Local Government, Planning and Public Works to administer bond loans.
The RTA will also be permitted to release confidential information about renters or property owners if it is reasonably necessary to prevent a serious risk to public safety. The Bill proposes to update the definition of ‘confidential information’ to be consistent with other legislation.
The requirement to publish auctions for abandoned goods in a newspaper will be replaced by a requirement to make reasonable efforts to contact the owner of the goods, such as by phone, email, social media message, emergency contact listed on a tenancy agreement or online newspaper advertisement.
These changes will assist in keeping Queensland’s rental laws modern.