Updates will be provided to Real Estate Excellence member offices via the Real Estate Excellence  Member email update service.I will be covering the proposed changes (and more) in upcoming February/March 2025 half day training events held throughout Queensland. Training/Events (realestateexcellence.com.au) - Stacey Holt. 

27th October 2024 - LNP win Queensland state election

After almost a decade of a Labor Government, Queensland have elected a majority LNP Government overnight. The main reason Queensland has had major legislative changes in recent years is due to having had a majority Labor Government.

All of the changes that have occurred were due to Labor polices, and given they were a majority Government previously, the changes passed throught Parliament. As we move towards a different Government, with different policies, it will be interesting to see if there will be any changes to the 1st May 2025 commencement of Stage 2, Part 3 Labor tenancy laws that passed in Parliament in May 2024. It must be noted that the LNP did not oppose the changes that passed in May. 

Also, Part 2 (Stage 4) which had no commencement date prior to the State Election may not eventuate given they require regulations, and were a Labor Government policy. This included a Code of Conduct under the RTRA Act for lessors, agents and tenants. 

 

25th October 2024 - Why does Australia have different tenancy laws and more - Watch video here.

16th August 2024 - Stage 2 commencement dates announced

The Queensland Government have advised that the 2nd part of Stage 2 tenancy laws will commence in a further two stages - 30 September 2024, and 1 May 2025.

Members of Real Estate Excellence will receive further information in due course via the Real Estate Excellence Member Updates service.

Upcoming Queensland half day PME training events will focus on the changes Training/Events (realestateexcellence.com.au).

 

7th June 2024 - National Cabinet Decision - A Better Deal for Renters.

Queensland has led the way with Stage 2 tenancy law reforms in relation to the National Cabinet Decision - A Better Deal for Renters agreement made in August 2023.

Housing is a state/territory Government responsibility and not Commonwealth/Federal Government. This is the main reason all state and territories in Australia have differing tenancy laws. 

As blogged in August 2023, all State and Territory Housing Ministers agreed to "A Better Deal for Renters" at National Cabinet chaired by the Australian Prime Minister.  Following is what was agreed upon for all Housing Ministers. 

A Better Deal for Renters

1. Develop a nationally consistent policy to implement a requirement for genuine reasonable grounds for eviction, having consideration to the current actions of some jurisdiction
2. Ensure provisions to allow appeals against retaliatory eviction notices are fit for purpose (e.g. evictions motivated by tenants taking reasonable action to secure or enforce legal rights, complain or disclose information about their tenancy).
3. Move towards a national standard of no more than one rent increase per year for a tenant in the same property across fixed and ongoing agreements.
4. Implement a ban on soliciting rent bidding.
5. Allow tenants experiencing domestic or family violence to:
   1. End agreements without penalty and with a streamlined process and evidence e.g. a declaration by a prescribed professional such as a doctor or support service worker;
   2. Change the locks and make security improvements without the landlord’s permission;
   3. Have their name removed from databases due to property damage caused by family or domestic violence; and
   4. With jurisdictions to consider further action to protect tenants who are victim survivors of domestic or family violence e.g. the ability to apply to have the perpetrator removed from the tenancy.
6. Limit break lease fees for fixed term agreements to a maximum prescribed amount which declines according to how much of the lease has expired (e.g. a maximum of four weeks’ rent if less than 25 per cent of the fixed term has expired).
7. Make rental applications easier and protect renters’ personal information:
   1. Prescribe a rental application form in each jurisdiction, with required documents limited to two in each of the following categories: identity, financial ability to pay rent, suitability;
   2. Require the destruction of renters’ personal information three years after a tenancy ends and three months after tenancy begins for an unsuccessful applicant;
   3. Require tenants’ personal information to be provided and corrected within 30 days of a request by a tenant or prospective tenant; and
   4. Specify information not allowed to be collected from a tenant or more generally (e.g. disputes with landlords).
8. Consider options for better regulation of short-stay residential accommodation.
9. Phase in minimum quality standards for rental properties (e.g. stovetop in good working order, hot and cold running water).

Sourced from Meeting of National Cabinet - Working together to deliver better housing outcomes | Prime Minister of Australia (pm.gov.au)

6th June 2024 - Part of Stage 2 tenancy law changes commence (upon assent).

24th May 2024 - Stage 2 tenancy laws have passed.

The Queensland Government’s Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (the Bill) was passed by Parliament on Thursday 23 May 2024 and will become law on dates to be advised. www.rta.qld.gov.au

17th May 2024 - Stage 2 update

 

15th May 2024 - A video update regarding Stage 2 tenancy law reforms, CPD and more. Watch here.

10th May 2024 - Committee report released

9th May 2024 - Committee reporting to the Parliament on 10th May 2024

Stage 2 of the Rental law reforms went to a Parliamentary Committee (as part of common procedures - see below link). The Committee report, after public submissions and hearings will report to the Government on 10th May. Some proposed changes will commence upon assent, whilst others will be upon proclamation.  Read more information about the parliamentary process and how laws are made, and or amended at the following link How laws are made | About Queensland and its government | Queensland Government (www.qld.gov.au) 

A reminder no laws have yet changed, and all current laws are still in place at date of this blog post.

Sourced information below.

COMMITTEE’S REPORT

The committee is due to table its report on 10 May 2024.

Once the committee’s report has been tabled, the Government has three months to respond to the report’s recommendations (if any). At that time, the Government Response will be published (at the link below). 

Read more at the following link Committee Details | Queensland Parliament

 

28th April 2024 - Public Hearing Stage 2 tenancy law reforms

Click on the following link Public Hearing, 29 April 2024.pdf (parliament.qld.gov.au) - scroll down to the bottom of the Page and click on Parliament TV link. And or click on Program below.

Public hearing(s):

Monday, 29 April 2024 - 9.45am - Program

10th April 2024 - Stage 2 tenancy law reform, Mandatory CPD and more - Video

Watch video here.

Stage 2 tenancy law closing date for written submissions 10th April 2024.

Public briefing - Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (Department of Housing, Local Government, Planning and Public Works)

10:00am - 10:45am

Undumbi Room and videoconference*

Sourced from Upcoming Committee Business | Queensland Parliament Upcoming Committee Business | Queensland Parliament

21st March 2024 - Stage 2 tenancy law reforms introduced to Parliament.

Media statement from the Labor Government 

Homes for Queenslanders: Reforms introduced to make renting fairer and easier

Minister for Housing, Local Government and Planning and Minister for Public Works | The Honourable Meaghan Scanlon

• The Miles Government delivers Homes for Queenslanderswith introduction of Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024
• The Bill will legislate reforms like banning rent bidding, pave the way for a code of conduct for the rental sector and portable bond scheme, as well as tying limits on rental increases to the property

The Miles Government continues to deliver on actions from Homes for Queenslanders, today introducing the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 (the Bill) into the state’s parliament.

The Bill will make law a number of actions outlined in the government’s housing blueprint, including:

• banning all forms of rent bidding
• requiring bond claims to be supported by evidence
• protecting renters’ privacy by requiring a minimum 48 hours entry notice
• setting up a prescribed form to be used to apply for a rental home, with any information collected to be handled securely
• limiting reletting costs based on how long is left on a fixed term lease, and
• giving renters a fee-free option to pay rent and choice about how they apply for a rental property

The Bill will establish a head of power to establish a rental sector code of conduct, a framework for parties to agree on installing modifications in rental properties and a portable bond scheme.

It will also amend laws to attach the 12-month limit on rent increases to the property instead of the tenancy, to help stabilise rents and provide more certainty for renters.

To make sure reforms are enforced, the Bill will also put the focus of Residential Tenancies Authority’s role on administering and enforcing rental reforms.

The Bill follows extensive engagement with renters, rental property owners and managers, peak and advocacy groups and the broader sector.

It delivers on a raft of National Cabinet commitments under A Better Deal for Renters, including prescribing a rental application form, limiting what information can be requested from a prospective renter and limiting reletting costs.

The Bill builds on reforms introduced in 2021, including:

• Ending without grounds evictions, providing more certainty about how and when a tenancy can end
• Strengthening protections for renters against retaliatory actions, such as eviction and rent increases, if they try to enforce their rights
• Setting minimum housing standards to ensure rentals are safe, secure and functional
• Making it easier for renters to have a pet
• Giving renters experiencing domestic and family violence the right to end their tenancy with limited liability for end of lease costs.

Following its introduction, the Bill has been referred to the parliament’s Cost of Living committee ahead of debate in parliament later this year.

Quotes attributable to Housing Minister Meaghan Scanlon:

“More than 600,000 Queensland households rent. These reforms are about making renting fairer, safer and easier.

“Renters won’t have to find additional money for a new bond when they move, and they won’t have to bid more than advertised on a rental.

“Renters will have their privacy protected and a new code of conduct will stamp out dodgy and unprofessional practices.

“While the LNP tore up the code of conduct and axed tenancy support, our Labor Government will never turn our back on renters.

“These important protections go alongside cost-of-living support we are rolling out for Queenslander renters to cover things like rent arrears and increases, and this Bill will make sure they can get a home and stay in it.”

Published Today at 12:00 PM | https://statements.qld.gov.au/statements/99937

1st March 2024 - Stage 2 update.

Sourced from www.housing.qld.gov.au March 1 2024.

29th February 2024 - Email sent to our FREE Industry Mailing List. Real Estate Excellence Industry Updates

Given some unprofessional, offensive,  and unfair comments being made by the Labor Premier and Housing Minister since the announcement of Stage 2 tenancy laws coming soon, I wanted to share the below with you.

The Labor Government policy is shown in the screenshot below regarding possible Code of Conduct under the RTRA Act. Agents/ Property Managers are regulated via the OFT Property Occupations (PO) Act which commenced December 2014.

The PO Act replaced the former PAMD Act which no longer exists. In the previous PAMD Act, we had a “Code of Conduct”. That was renamed in the PO Act/ regulations to “Conduct Standards”. Refer to section 235 PO Act.

The RTA regulate the RTRA act which covers rights and obligations of lessors and tenants in Queensland. The Agent (property manager) managers their clients rights and obligations, whilst having a duty of care to tenants.

The RTA does not regulate agents as such; they enforce compliance and the laws which they deal with agencies when needed acting on behalf of lessor. It’s going to be interesting as stage 2 of tenancy laws unfold soon as to how the proposed code of conduct under the RTRA act will Apply. Assuming to lessors as well for now, and to capture private managing lessors. RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au)

In good faith, I remind the industry, and particularly Real Estate Excellence members Membership services, benefits and options (realestateexcellence.com.au), be careful of headlines moving forward. The detail is what we need and will get soon. Members, as always, we shall keep you informed via the Member update email service. Real Estate Excellence Member Updates Plus, all relevant training events will cover what’s needed and are fact. Training/Events (realestateexcellence.com.au)

21st February 2024 - Summary of key Stage 2 rental reforms announced. A professional courtesy reminder (and as discussed during my February/ March 2024 Queensland half day PME Training/Events (realestateexcellence.com.au), the devil is in the detail. Whilst below is useful, they are not facts meaning the devil is in the detail. Until we see the Bill introduced into Parliament, we will not know the detail.

Stacey Holt. 

• Introduction of a rental bond roll-over scheme to allow bonds to be transferred between tenancies. A bridging bond loan product will be introduced by the Department of Housing, Local Government, Planning and Public Works (the Department) while this scheme is established to assist eligible households to afford the upfront cost of a new bond, pending release of their old bond
• Rent bidding and acceptance of higher rent offers will be banned and penalties enforced
• Rent increase frequency will be tied to the property, instead of the tenancy
• New framework for parties involved in a tenancy to agree on installation of minor modifications
• Entry notice requirement to change from 24 hours to 48 hours’ notice
• Fee free options for tenants to pay rent
• Prescribed timeframes for when tenants must receive utility bills for payment
• Code of Conduct for the rental sector
• Standardised rental application form
• Limiting break lease/reletting fees based off time left on tenancy agreement
• New/improved rental grants and subsidies, and expansion of the Department’s RentConnect frontline service officers (increased to 42 from 21).

Sourced from RTA latest update news email 21st February 2024.

14th February 2024 - Government update 

Support Queensland renters

Snapshot

• $160 million Renters Relief Package to tackle the cost of living
• Consultation to introduce a rental sector code of conduct
• Ban on rent bidding
• Portable bond scheme to cut the up-front cost of moving house

Modernising the housing legislative framework

We will continue to modernise the housing legislative framework to improve consumer protections in the rental market, residential parks, retirement villages and residential services, while ensuring that it’s still viable for investors and operators to provide these housing options.

A renters relief package

We will deliver a comprehensive $160 million Renters Relief Package to help tackle the cost of living with more funding, expanded eligibility and new ways to help renters into a home. The package will give more households immediate cost-of-living support while we build new homes, including help to pay bonds and rent. We are also doubling our specialist customer service team at Housing Service Centres around Queensland, with more than 40 new RentConnect officers to assist renters at every stage of their housing journey.

We’ve expanded eligibility to deliver more support for more Queenslanders:

• bond loans – interest and fee-free bond loans for renters
• bond loans plus – a loan to cover both the rental bond and 2 weeks rent
• rental grants – a one-off grant of 2 weeks rent to support people in crisis
• rental security subsidy – a payment that can help people stay in their home.

Portable bonds

Pressure in the rental market means a lot of people are having to move around more often to find a home they can afford. We are reducing the costs of moving by introducing legislation to establish a portable bond scheme that allows renters to transfer their bond when relocating from one rental property to another.

Strengthening renters’ rights

• Banning all forms of rent bidding
• Creating a framework for parties to agree on installing modifications in rental properties
• Protecting renters’ privacy by requiring 48 hours entry notice and developing a prescribed form for all rental home applications
• Limiting re-letting costs based on the time remaining on a fixed-term lease
• Giving renters a fee-free option to pay rent, and choice about how to apply for a rental property and receive utility charges

Consultation on a rental sector code of conduct

We must do more to strengthen the rules and clarify the expectations of all parties in the rental sector. The government will consult on a rental sector code of conduct to strengthen these rules and protect all parties.

4th February 2024 - Media Statement - Homes for Queenslanders: Miles Government backs renters

JOINT STATEMENT

11th December  2023 - Senate report - The worsening rental crisis in Australia

On 22 June 2023 the Senate referred an inquiry into the worsening rental crisis in Australia to the Community Affairs References Committee for inquiry and report, with an interim report to be presented by 21 September 2023 to aid in the deliberations of the National Cabinet on renters' rights, and a final report to be presented by 28 November 2023. On 28 November 2023, the Senate granted an extension of time for reporting until 5 December 2023.

Read the report here. The worsening rental crisis in Australia (aph.gov.au)

15th August 2023 - National Cabinet meeting and our industry 16th August 2023.

Rental affordability and supply key priority. A new Property Management Excellence PME - Stacey Holt podcast. Listen here.

11th August 2023 - Video update and National Cabinet meeting as mentioned in video at link below

Watch the video here.

 9th August 2023 - Prime Minister pushing plan to increase renters rights amid housing crisis

This blog will be updated accordingly, including information on Stage 2 of tenancy law reform, and the rent increase changes which are currently part of a consultation which closes 11th August 2023. Scroll down to review. Members of Real Estate Excellence will be kept up to date via the Membership email update service. Membership services, benefits and options (realestateexcellence.com.au)

Information will also be included as part of upcoming half day PME training events being held throughout Queensland. Training/Events (realestateexcellence.com.au)

Visit Stage 2 rental law reform | Your Say | Queensland Department of Communities, Housing and Digital Economy (chde.qld.gov.au) - Consultation/ options paper has closed. 

12th July 2023 - More potential law change for Queensland - rent increase frequency to property - not the tenancy. Listen to a short podcast here.

A detailed best practice guide on all the new and amended laws from July 1 will be uploaded to Member login - latest member updates folder - April 2023, and emailed to Members on Monday 24th April 2023. The best practice guide for Members covers the rent increase time limit laws, breach of agreement ending agreement early (break lease) and change of shared tenancy scenarios. The amendment to section 277 ending of tenancies provision is also included, and more, including a lessor template in word version to send to clients. 

20th April 2023 - Stage 2 tenancy law reforms consultation

Property Managers/Agents are encouraged to have their say on stage 2 tenancy law reforms. Real Estate Excellence strongly recommends all to share the information with property owners to ensure they are aware, and encouraged to complete the Government survey, and or write a submission. The laws affect property owners (and tenant); as agent we manage our clients law. Below are the Government priority areas.

For more information, click here.  Members of Real Estate Excellence, also refer to the email sent to you yesterday afternoon regarding the rent increase law changes via the Member update service. A New (amended) RTA Form 18a looks likely to be released on July 1, 2023, due to the rent increase law changes as amendments were also made by Parliament on Tuesday night to the regulations of the RTRA Act (where the Form 18a comes from). 

18th April 2023 - Rent increase law changes 

Members of Real Estate Excellence, more will come soon via the Member update email service.

Deputy Premier, Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympic and Paralympic Games Infrastructure The Honourable Dr Steven Miles

Changes to rent increases to give Queenslanders who rent a fair go

New legislation has been passed by State Parliament limiting the amount of times a landlord can raise rent to once a year The annual limit on rent increases will apply to all new and existing tenancies from 1 July 2023 onwards In addition, caps on electoral spending for all participants in Queensland local government elections has also been passed The Palaszczuk Government has passed legislation to limit rent increases to once a year to give a fairer go to Queenslander renters. Amendments to the Residential Tenancies and Rooming Accommodation Act 2008, through the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Bill 2022, will limit the frequency of rent increases from every six months to once a year for residential tenancies and rooming accommodation agreements. These amendments will bring Queensland into line with other Australian jurisdictions and balance the rights and interests of Queenslanders who rent, and property owners and investors to maintain rental supply. It was one of several housing policy reforms to come out of the Government’s Housing Roundtable. The Parliament also passed legislation setting caps on electoral expenditure for local government in Queensland, bringing the sector into line with a similar rules for state electoral spending and delivering on a State Government 2020 election commitment. The caps will apply for the March 2024 Local Government elections.  Further information on Local Government electoral expenditure caps is available here. Quotes attributable to Deputy Premier Steven Miles: “For most households, rent would be the biggest single expense in their household budget. “The Government is taking immediate action to support renters now. “The majority of landlords do the right thing, but talking immediate action will protect Queensland renters from landlords who aren’t operating fairly. “Electoral expenditure caps will ensure there is a fair opportunity for anyone to participate in local government elections. “We already have so many great councillors who are dedicated to their local communities and this change means more Queenslanders will have the best representation on their councils, as well as the opportunity to stand for election.” Quotes attributable to Housing Minister Leeanne Enoch: “With more than one third of Queensland households renting, it’s vital that renters get a fair go. “As we seek to modernise Queensland’s tenancy laws, we are determined to strike a fair balance which protects the interests of both renters and rental property owners. “Acting quickly to limit rent increases is a critical government response to community concerns about the impact of current market conditions and cost of living pressures on renting households in Queensland. “Taking this action will build on the Queensland Government’s record to improve protections in Queensland’s private rental market through strong, balanced rental law reform. “In addition to protecting the rights of renters and rental property owners, our rental law reform agenda seeks to improve stability in the rental market.”.

18th April 2023 - Stage 2 rental law reform information released. Listen to short podcast here.

Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts The Honourable Leeanne Enoch ( Media Statement/Release)

Queenslanders urged to have their say on fairer rental laws

Public consultation is now open on Stage 2 rental law reforms The reform proposals aim to increase fairness for renters and provide certainty for rental property owners Consultation starts Tuesday 18 April and closes 5pm Monday 29 May Queenslanders are being urged to have their say on Stage 2 rental law reforms, with public consultation now open. The reforms aim to provide a strong, balanced approach that protects the rights of renters and lessors, while improving stability in the rental market. The Stage 2 reforms cover five key priority areas, including: making it easier for renters to install safety, security and accessibility measures they need in their rental property; supporting parties to negotiate about making minor personalisation changes to rental properties; better balancing of renters’ rights to privacy and quiet enjoyment with property owners’ entry rights; ensuring rental bond settings provide appropriate security and parties are transparent and accountable about any claims against the bond when the tenancy ends; ensuring rent payment, utility and reletting fees and charges are fair and reasonable; and Quotes attributable to the Minister for Communities and Housing Leeanne Enoch: “Many people in Queensland right now are facing housing pressures, none more so than the over a third of Queensland households who rent. “To tackle these pressures, we’re pursuing Stage 2 rental law reforms which build on the rental reforms we successfully delivered in 2021. “Our reforms aim to strike the right balance between the needs of the community, while also supporting continued investment in the housing market. “We welcome input from the public and stakeholders on our Stage 2 rental law reforms and encourage them to have their say over the next six weeks.” Stage 1 rental reforms passed by State Parliament in October 2021: Establish minimum standards to ensure all Queensland rental properties meet standards for safety, security and functionality. End without grounds evictions and provide appropriate grounds to end a tenancy, including the end of a fixed term agreement. A rental property owner will not be able to issue a notice to leave ‘without grounds’, providing renters with more certainty. Enable a renter to end their interest in a lease with seven days’ notice if they are unable to safely continue it because they are experiencing domestic and family violence. Ensure that if a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Rental property owners can also place reasonable conditions on pet ownership, such as the pet is to be kept outside or that carpets are cleaned and the property is fumigated at the end of a lease. For more information on Stage 2 rental law reform, including how to have your say, visit https://yoursay.chde.qld.gov.au/hub-page/stage-2-rental-law-reform Anyone who needs housing assistance should contact the 24/7 Homeless Hotline on 1800 474 753 or contact their local Housing Service Centre, which can be found at https://www.qld.gov.au/housing/public-community-housing/housing-service-centre

29th March 2023 - Rent increase law timeframe changes

28th March 2023 - Media release from Queensland Government regarding rental increase time frame law changes coming

Media Release - JOINT STATEMENT Premier and Minister for the Olympic and Paralympic Games The Honourable Annastacia Palaszczuk Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts The Honourable Leeanne Enoch

Rent stabilisation to give Queenslanders who rent a fair go

Government will limit rent increases to once a year $28 million boost for emergency housing relief $3.9 million for food and emergency relief The Palaszczuk Government will limit rent increases to once a year to give a fairer go to Queenslander renters. The move is designed to balance the rights and interests of Queenslanders who rent, and property owners, to sustain healthy rental supply. Reducing the frequency of increases from six months to 12 months is also consistent with most other jurisdictions throughout the country. It was one of several options for housing policy reform discussed at a Housing Roundtable in Brisbane today. The Palaszczuk Government has today also announced an additional $28 million to continue the Immediate Housing Response Package for another year. The extra funds will provide: More than 600 emergency hotel accommodation places across Queensland Rental and bond support payments to help tenants keep a roof over their head and food relief services help renters put food on the table The government today also announced a further $3.9 million to extend and expand food and emergency relief throughout Queensland in 2023-24. That includes $3.3 million to continue the provision of emergency relief supports, including vouchers, food parcels and contributions to payments such as electricity bills and $630,000 for SecondBite and OzHarvest to increase the food relief service they provide across the State. Quotes Attributable to Premier and Minister for the Olympic and Paralympic Games Annastacia Palaszczuk: “There are more than a million Queenslanders who rent their homes and every single one of them must be given a fair go. “A fair go to pay rent they can afford and not be penalised for the cost of living situation all Australians find themselves in today. “Our government will act immediately to place a limit on the number of rent increases that can be imposed on tenants each year. “We will limit annual rent increases to just one. “The great majority of landlords do the right thing and look after their tenants – but for those who do not, this is a wake up call. “We must act and will act to deliver reforms that balance the rights and interests of Queenslanders who rent and property owners to sustain healthy rental supply.” Quotes attributable to Minister for Communities and Housing Leeanne Enoch: “The housing pressures we’re seeing aren’t unique to Queensland and are being experienced by all the States and Territories. “As a growth state with a growing population, Queensland has a huge need for mousing – particularly more housing. “We’re getting on with the job of building more social housing through a record $3.9 billion housing budget and our $2 billion Housing Infrastructure Fund. “Since July 2021, when we announced our second Housing Action Plan, we have completed 816 new social housing builds under our QuickStarts program – with a further 588 currently under construction and more in the pipeline. “That means that we have completed more than one new social housing home every day since July 2021. “We’re on track to deliver 13,000 new social housing commencements by 2027 and we are also investing $166.3 million in specialist homelessness services in 2022-23. “As a government, we will work with stakeholders to deliver more social and affordable housing, support tenants and tackle homelessness.” Additional housing announcements made today, includes: $5.91 million to help unlock 5600 lots in Ripley Valley by delivering road infrastructure for the Ripley Valley Priority development area $600,000 to work with the Local Government Association of Queensland to develop 38 Local Housing Action Plans with Queensland local governments, on top of the 22 plans being developed with the Western Queensland Alliance of Councils. Land tax concessions for Build to Rent developments that provide a minimum affordable housing component Deliver a second QBuild Rapid Accommodation and Apprenticeship Centre in Far-North Queensland to further support delivery of state-of-the-art factory built homes for use as social and government-employee housing Launch an Opportunities Portal for proposals that have the potential to deliver new housing stock.

26th March 2023 - Minimum Housing standards for rental property commence September 2023. Minimum Housing standards are emergency repairs as per section 215 RTRA Act. 

From 1 September 2023, the prescribed minimum housing standards apply to premises if a residential tenancy agreement, or rooming accommodation agreement, for the premises starts on or after that date. From 1 September 2024, the prescribed minimum housing standards apply to all premises.

Part 1 Safety and security

1 Weatherproof and structurally sound

(1)Premises must be weatherproof, structurally sound and in good repair.

(2)Premises are not weatherproof if the roofing or windows of the premises do not prevent water entering the premises when it rains.

(3)Without limiting subsection (1), premises are not structurally sound if—

(a)a floor, wall, ceiling or roof is likely to collapse because of rot or a defect; or

(b)a deck or stairs are likely to collapse because of rot or a defect; or

(c)a floor, wall or ceiling or other supporting structure is affected by significant dampness; or

(d)the condition of the premises is likely to cause damage to an occupant’s personal property.

2 Fixtures and fittings

The fixtures and fittings, including electrical appliances, for premises—

(a)must be in good repair; and

(b)must not be likely to cause injury to a person through the ordinary use of the fixtures and fittings.

3 Locks on windows and doors

(1)Premises let, or to be let, under a residential tenancy agreement must have a functioning lock or latch fitted to all external windows and doors to secure the premises against unauthorised entry.

(2)Premises let, or to be let, under a rooming accommodation agreement must have a functioning lock or latch fitted to all windows and doors of a resident’s room to secure the room against unauthorised entry.

(3)Subsection (1) or (2) apply only to the windows and doors that a person outside the premises or room could access without having to use a ladder.

4 Vermin, damp and mould

(1)Premises must be free of vermin, damp and mould.

(2)Subsection (1) does not apply to vermin, damp or mould caused by the tenant, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.

5 Privacy

(1)Premises must have privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.

(2)Privacy coverings for windows include any of the following—

(a)blinds;

(b)curtains;

(c)tinting;

(d)glass frosting.

(3)Subsection (1) does not apply to a window of a room if a line of sight between a person outside the premises and a person inside the room is obstructed by a fence, hedge, tree or other feature of the property.

Part 2 Reasonable functionality

6 Plumbing and drainage

Premises must—

(a)have adequate plumbing and drainage for the number of persons occupying the premises; and

(b)be connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking.

7 Bathrooms and toilets

(1)The bathroom and toilet facilities at premises must provide the user with privacy.

(2)Each toilet must—

(a)function as designed, including flushing and refilling; and

(b)be connected to a sewer, septic system or other waste disposal system.

8 Kitchen

A kitchen, if included, must include a functioning cook-top.

9 Laundry

A laundry, if included, must include the fixtures required to provide a functional laundry other than whitegoods.

 

3rd March 2022

An update for Members of Real Estate Excellence, - a short video recorded for you regarding the new RTRA Act review - Queensland (realestateexcellence.com.au), Property Management Excellence (PME) system (realestateexcellence.com.au) changes and more. Thank you.

Watch short video here.

24th February 2022

Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts The Honourable Leeanne Enoch

Date set for remaining Stage 1 Rental Reforms to commence

Reforms to end no grounds evictions and make it easier for renters to have a pet will commence on 1 October 2022, following Governor in Council approval today. Minister for Communities and Housing Leeanne Enoch said this was the final step that gives life to the important Stage 1 Rental Law Reforms passed by the Parliament last year. “By ending no grounds evictions, renters and property owners now have more certainty about how and when parties can end their tenancy arrangements. “We have also made it easier for renters to have a pet by requiring owners to have a prescribed reason to refuse such a request,” Minister Enoch said. After moving through the required parliamentary process, Governor in Council approved a Proclamation fixing 1 October 2022 as the date for the commencement of the remaining provisions of the Housing Legislation Amendment Act 2021.  Minimum housing standards for Queensland rental properties will start applying to new leases from 1 September 2023 and to all rental properties from 1 September 2024. “Everyone deserves to live in a safe and secure home,” Minister Enoch said “The new minimum housing standards will help to ensure all Queensland rental properties meet basic safety, security, and functionality standards. “The domestic and family violence reforms came into effect on 20 October 2021 because it was important to act quickly to ensure that safety was a priority and that people experiencing domestic and family violence had options,” Minister Enoch said. “These reforms allow renters experiencing domestic and family violence to end their tenancy quickly with limited end of lease costs and change locks without the landlord’s permission.” Minister Leeanne Enoch said the sector now has firm commencement dates for all Stage 1 Rental Law Reforms with sufficient time to understand, prepare and transition. “I encourage renters and property owners or their agents to review their tenancy agreements to ensure they are ready for these reforms when they commence. “These rental law reforms give Queenslanders certainty in what is a very tight rental market that has been heavily impacted by people from southern states moving to Queensland and people returning from overseas. “About 34 percent of Queensland households rent and these reforms strike the right balance between the rights of property owners and renters,” Ms Enoch said. QShelter Executive Director Fiona Caniglia welcomed the reforms. “QShelter’s vision is that every Queenslander has a home,” she said. “These rental reforms are an important part of making sure all Queenslanders can make the place they live into their home, whether they rent or not. “Throughout the consultation process for the reforms, QShelter has advocated for changes to prevent no-cause eviction and to have pets allowed, which we know contributes significantly to quality of life and mental health. “We are pleased they were part of the first stage of reforms, and we have the certainty of a date for these changes to come into effect. “We look forward to public consultation for stage two of the reforms,” Ms Caniglia said. The reforms came about following extensive consultation in 2018 and 2019 in which 135,000 responses were received through the Open Doors to Renting Reform consultation, and more than 15,000 responses to the Regulatory Impact Statement. The Queensland Government is committed to continuing to improve renting in Queensland by progressing further reform in 2022. “The Queensland Government will continue to consult with industry, peak and representative groups and other key stakeholders during the second stage,” Ms Enoch said. Stage 1 Rental Law Reform Commencement Summary From 20 October 2021 Renters experiencing domestic and family violence: can leave immediately (after giving 7 days’ notice) and access any bond contribution they made will have break lease fees capped at 1 week’s rent are not liable for property damage caused by DFV any remaining co-renters can be asked to top-up the bond by the property owner or manager can change the locks to the property, without requiring owner’s consent, to ensure their safety must provide documentation to support their notice and property owners, managers and their employees must not disclose this information (except where permitted). From 1 October 2022 End without grounds evictions and provide additional grounds to end a tenancy, including the end of a fixed term agreement. A rental property owner will not be able to issue a notice to leave ‘without grounds’, which will provide renters with more certainty. If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Reasonable grounds include if the property is unsuitable, and if keeping the pet would breach laws or by-laws. Rental property owners can also place reasonable conditions on pet ownership, including that the pet is to be kept outside or that carpets are cleaned, and the property is fumigated at the end of a lease. A rent increase or bond are not reasonable conditions. The laws also clarify that fair wear and tear does not include pet damage. Establish minimum standards to require all Queensland rental properties meet standards for safety, security and functionality. This includes making sure accessible windows and doors have functioning latches, fixtures and fittings provided in the property are in good repair and do not present a safety risk with normal use, and properties are weatherproof and structurally sound. From 1 September 2023 Rental properties must comply with minimum housing standards when a new lease is entered. From 1 September 2024 All rental properties must comply with minimum housing standards

23rd November 2021

20th October 2021

Refer to  Real Estate Excellence Member Updates November 2021 for information regarding what laws have commenced and when other laws will start. 

 14th October 2021

Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts The Honourable Leeanne Enoch

Rental reform legislation passes Parliament

Legislation to make renting fairer has passed Queensland’s Parliament today. Minister for Communities and Housing Leeanne Enoch said the new laws would end ‘without grounds’ evictions and make it easier for Queensland renters to keep a pet. The new laws will also ensure all Queensland rental properties meet minimum quality standards and extend protections for renters who have experienced domestic and family violence. “Queenslanders rely on safe, secure and affordable housing and we’re delivering on our election commitments to modernise Queensland’s rental laws and improve confidence in the rental market,” Ms Enoch said. “About 34 per cent of Queensland households rent and these new laws provide a strong, balanced approach that protects the rights of renters and rental property owners, while improving stability in the rental market. “At a time when Queenslanders are renting, and renting for longer, the Palaszczuk Government is encouraging market growth to help increase the number of rental properties in Queensland, while protecting the rights of renters. “Our legislation strikes the right balance between the needs of the community, while also supporting continued investment in the private rental market.” Minister Enoch said some of the proposed renting reforms, such as the domestic and family violence measure, were tested during the COVID-19 pandemic. “This provision ensures people fleeing domestic and family violence are able to end a lease with seven days’ notice or change locks in a rental property without the owner’s consent to ensure their safety,” Ms Enoch said. “These reforms have been proposed following comprehensive public consultation, during which we received more than 135,000 responses through the Open Doors to Renting Reform consultation, and more than 15,000 responses to the Regulatory Impact Statement.” Executive Director of Q Shelter Fiona Caniglia welcomed improved safety measures for renters in the new laws. “Q Shelter commends measures to improve choices and safety for renters experiencing domestic and family violence. Their safety must be paramount. “The tabled reforms are another step towards safety and security for people renting,” Ms Caniglia said. What the new renting laws will do: Establish minimum standards to ensure all Queensland rental properties meet standards for safety, security and functionality. This includes making sure accessible windows and doors have functioning latches, fixtures and fittings provided in the property are in good repair and do not present a safety risk with normal use, and properties are weatherproof and structurally sound. End without grounds evictions and providing appropriate grounds to end a tenancy, including the end of a fixed term agreement. A rental property owner will not be able to issue a notice to leave ‘without grounds’, which will provide renters with more certainty. A renter can end their interest in a lease with seven days’ notice if they are unable to safely continue it because they are experiencing domestic and family violence. If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Reasonable grounds include if the property is unsuitable, and if keeping the pet would breach laws or by-laws. Rental property owners can also place reasonable conditions on pet ownership, including that the pet is to be kept outside or that carpets are cleaned and the property is fumigated at the end of a lease. Rent increase is not a reasonable condition. The laws also clarify that fair wear and tear does not include pet damage. During debate Minister Enoch also confirmed that the government is committed to progressing Stage 2 of the rental law reforms, and that minor modifications to rental properties would be progressed as a priority of the next stage. “In progressing Stage 2 reforms in the first half of 2022, the Queensland Government will engage with key stakeholders to define the next tranche of issues to be addressed, explore reform options, and design workable solutions and consult on them,” Ms Enoch said. For more information on the rental reform process, visit https://www.chde.qld.gov.au/about/initiatives/rental-law-reform ENDS Please find Minister Enoch audio:  https://www.dropbox.com/sh/8u1cqoiiuwjmbt2/AACwxaKPYE5px0WlPpFgf1dfa?dl=0

13th October 2021

I started the RTRA Act review public blog on my website in 2012. I look forward to closing the blog in coming days as the almost decade long review comes to an end. A lot of work, sweat, frustration and I must admit, some tears shed along the way… Many written submissions have been made during this time as part of the reviews.

We have had minor amendments over the years. Notably in November 2017 section 185 was amended, and NEW section 17a was added to the RTRA Act. These sections amended and added in preparation for the regulations for minimum housing standards. The regulations for minimum housing standards are in stages of commencement starting from September 2023.

I began my PME education and training events in September 2021 which are being held throughout Queensland (and also carrying out private training services for agencies) on the Housing Legislation Bill (which will amend the RTRA Act). I have stated during this training (and will in the upcoming events, that there are many surprise amendments and new sections in the Bill introduced by the Labor Government that are quite different to what was proposed by Labor in the Decision Regulatory Impact Statement released November 2019.

The new proposed laws were put on ‘hold' due to Covid. In April 2020, the Covid tenancy temporary regulations came into effect. Many of those laws ended September 2020 with a handful still in play until April 30, 2022. These include the Domestic and Family Violence provisions for tenants.

There are many changes to come (and yet to commence), but they are mostly reasonable in my opinion.

Members of Real Estate Excellence,  there will be a vast range of information coming to you in the near future, in addition to what we have provided already as part of Membership services.

PME system members,  please note the 2000 plus pages (39 chapters) PME manual, training videos, tenancy sign up video and all best practice forms/templates will be updated in due course and be ready for you when these new laws commence. 

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The Housing Legislation Bill is currently being debated in Parliament as part of the second reading. It is expected to pass as per my video yesterday.

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_{The Housing Legislation Bill is number 2 on the Parliament notice paper/agenda. Parliament is sitting as at today. Watch short video here.}

27th September 2021 

Due to the Voluntary Assisted Dying Bill, the Housing Legislation Bill was delayed at the last Parliament sitting. It is now number 4 on the notice paper for the next sitting starting the week of October 12th, 2021. Home | Queensland Parliament

13th September 2021

The Bill is due for its second reading during the next Parliament sitting which starts from tomorrow. Sitting Date | Queensland Parliament

We shall update Real Estate Excellence Members via the Latest Member update email service.

17th August 2021 - RTRA Act review update Listen to short podcast regarding below here.

The Parliamentary Community Support and Services Committee have released their report regarding the RTRA Act review of the Labor Government and Greens tenancy law proposed bills. The Parliamentary Community Support and Services Committee have recommended the passing of the Housing Legislation Amendment Bill (Labor Bill) currently in Parliament. The bill has had its first reading in Parliament on the 18th June 2021, with Parliament sitting again on the 31st August 2021. The Bill is currently number 4 on the Notice Paper for the next Parliamentary sitting which is subject to change.

I am currently reviewing the Committee's paper.. Real Estate Excellence members will be advised via email in future Real Estate Excellence Member Updates, and will be included in the upcoming PME half day training events being held throughout Queensland. 

3rd August 2021 - Rental law reform proposals

Bills under consideration

Housing Legislation Amendment Bill 2021

On 18 June 2021 the Queensland Government introduced the Housing Legislation Amendment Bill 2021 to the Queensland Parliament.  

Proposed reform areas include: 

• ensuring all parties have appropriate approved reasons for all parties to end a tenancy 
• prescribing Minimum Housing Standards 
• options for people experiencing domestic and family violence to end a tenancy 
• frameworks for all parties to negotiate renting with pets. 

The Bill was referred to the Community Support and Services Committee for detailed consideration and submissions were invited on the proposed changes through the Committee process until 12 noon on 13 July 2021. 

The Committee’s report on the Bill is due on 16 August 2021. 

Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021 

On 26 May 2021, Dr Amy MacMahon MP, Member for South Brisbane, introduced the Residential Tenancies and Rooming Accommodation (Tenants’ Rights) and Other Legislation Amendment Bill 2021 (Bill) into the Queensland Parliament. The Bill was referred to the Community Support and Services Committee and public submissions were invited until 12 noon on 13 July 2021.   

The Committee’s report on the Bill is due on 16 August 2021. 

More information on both Bills is available on the Committee webpage. 

Sourced from Rental law reform proposals | Residential Tenancies Authority (rta.qld.gov.au)