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A number of changes proposed in the Housing Legislation

Residential Tenancies and Rooming Accommodation Act 2008  
Residential Tenancies and Rooming Accommodation Regulation 2009  
Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 

Housing Legislation Amendment Bill 2021

Amendment Bill 2021 (HLA Bill) that became law on 20 October 2021 will be commencing this year and it is important that tenants, property managers and property owners are made aware of them in a timeous manner.

The changes have been scheduled for implementation in phases over a three-year period to ensure the sector has sufficient time to prepare for, understand and adopt the changes. The first change was introduced on 20 October 2021 and provided options for people experiencing domestic and family violence to end a tenancy.

The remaining reforms around renting with pets and ending tenancies will commence on 1 October 2022.

While these changes affect the state of Queensland, there are several changes occurring in the states of Victoria and New South Wales and all property managers are encouraged to stay up to date with the requirements.

What is changing and when?

Summary of implementation times:

  • Framework for all parties to negotiate renting with pets 
  • Will commence on 1 October 2022
  • Changes to approved reasons to end a tenancy 
  • Will commence on 1 October 2022 
  • Repair orders – orders of tribunal carrying out emergency repairs 
  • Will commence on 1 October 2022 
  • Minimum housing standards

Due to commence for new tenancy arrangements from 1 September 2023 and all tenancies from 1 September 2024

Framework for all parties to negotiate renting with pets

These changes will support parties to reach agreement on renting with pets. Prescribed reasonable grounds for refusing a request for approval to keep pets will be introduced (such as keeping the pet would breach laws or by-laws). Strict timeframes will also apply for property owners/managers to respond to any requests for a pet or the request will be considered approved.

Supporting information and resources on this future change will be made available closer to implementation.

Changes to approved reasons to end a tenancy

These changes will remove the option to end a tenancy without grounds and instead provide tenants and property owners/managers with a wider range of specific grounds on which to end a tenancy with appropriate notice with prescribed notice periods. New grounds (reasons) for owners/managers to end tenancies will include the end of a fixed-term agreement, to undertake significant repair or renovations, change of use or sale or preparation for sale of the rental property requires vacant possession.

New grounds for tenants to end tenancies will include the property is not in good repair or does not comply with minimum housing standards.

Supporting information and resources on this future change will be made available closer to implementation.

Minimum housing standards

By prescribing minimum housing standards, clarifying repair and maintenance obligations and introducing compliance mechanisms to strengthen the ability to enforce these standards, the Queensland Government aims to ensure all Queensland rental properties are safe, secure and functional.

Supporting information and resources on this future change will be made available closer to implementation.

About the Residential Tenancy Authority (RTA)

The RTA is a self-funded statutory body committed to providing targeted services to meet the diverse needs of Queensland’s residential rental sector. The RTA’s core responsibility and principal activity is to administer the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) and to provide services in accordance with the Act.

The RTA will continue to administer the legislation to ensure everyone has access to timely, accurate and impartial information, resources and education about changes to residential tenancy laws, and to provide training, education, forms, resources, compliance and support services to guide tenants, property managers and property owners through these important changes.

This article was supplied by the Residential Tenancy Authority (RTA)