Housing Legislation - Amendment Bill 2021

As of 1 October 2022, The Housing Legislation Amendment Act 2021 will amend The Residential Tenancies and Rooming Accommodation Act 2008. This delivers significant changes affecting:

• A landlord's right to end a tenancy
• A renter's right to have a pet
• Minimum housing standards 

Should you have a landlord who wants to end a tenancy, read to the bottom of this document for advice on steps you must take.

END OF TENANCY CHANGES INCLUDE:

• Removal of ‘without grounds’ as a reason to end a tenancy
• New grounds for property owners to end tenancies, including the end of a fixed-term agreement, need to undertake significant repair or renovation, change of use or sale or preparation for the sale of a rental property requires vacant possession
• New grounds for renters to end tenancies, including the property is not in good repair, or does not comply with the Minimum Housing Standards

Renters can continue to end an agreement ‘without grounds’ and both renters and landlords must provide appropriate notice for the reason they are using to end the agreement.

Property owners can seek an order from the Queensland Civil and Administrative Tribunal (QCAT) to terminate the tenancy for significant or serious breach of the lease by a tenant.

Renters can apply to QCAT for an order to set a notice to leave aside if they believe it has been issued in retaliation for them enforcing their rights.

RENTERS AND PETS CHANGES:

• A renter can seek the property owner’s permission to keep a pet, and property owners can only refuse a request on identified reasonable grounds, such as keeping the pet would breach laws or by-laws
• The property owner must respond to a request for a pet in writing within 14 days, or consent is implied
• The property owner’s consent may be subject to reasonable conditions such as the pet has to be kept outside. A rent increase or a pet bond are not reasonable conditions.

MINIMUM HOUSING STANDARDS CHANGES:

From 1 October, residential tenants will have 7 days to complete and return the entry condition report and tenants and property managers can authorise emergency repairs up to the equivalent of 4 weeks' rent.

CRITICAL FACTORS FOR PERIODIC TENANCIES – DEADLINE 28 SEPT

Should your landlord wish to have vacant possession or greater certainty:

• Offer a new fixed-term lease term on the property
• If you choose not to offer a fixed-term lease, you will need to issue tenants a Notice to Leave PRIOR to 1 October 2022, giving them 2 months to vacate, or
• If you choose to offer a fixed-term lease, which includes a rent increase, you must give 2 months’ notice before the increase can take place

Nb. Tenants may challenge a Notice to Leave and the situation is currently uncertain, so landlords should be advised of this uncertainty until greater clarity emerges. Your network will keep you informed. 


If you would like any more information about these changes, please feel free to call me for a discussion today - 0412 809 220

by Dot Hamilton

Director of Property Management | 0412 455 808

Change is Coming
palmbeachfn.com.au July 2022
First National Property Solutions
Ph: 07 5559 9600