The Queensland rental landscape is undergoing significant changes with the implementation of the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024. These amendments, which modify the Residential Tenancies and Rooming Accommodation Act 2008, introduce new legal requirements and responsibilities for both tenants and landlords.
Key Dates for Implementation The legislative changes are being implemented in three phases:
- 6 June 2024: Initial set of changes took effect.
- 30 September 2024: Second phase commenced.
- 1 May 2025: Final set of changes will come into effect.
Summary of Rental Law Changes
Changes in Effect from 6 June 2024
Rent and Other Payments
- Ban on Rent Bidding: Landlords and property managers can no longer accept rental offers above the advertised price.
- Limits on Rent in Advance:
- Maximum of two weeks’ rent for periodic tenancies, rooming accommodation, and moveable dwelling agreements.
- Maximum of one month’s rent for fixed-term agreements.
- Tenants can still negotiate payment schedules during their tenancy.
- Restrictions on Rent Increases:
- Rent increases are limited to once every 12 months.
- Increases are attached to the property, not the tenancy.
- Written agreements must state the last rent increase date.
- Evidence of Last Rent Increase:
- Tenants can request written proof of the last rent increase.
- Exemptions apply for properties rented for the first time or purchased between 6 June 2023 and 6 June 2025.
- Hardship Applications:
- Landlords experiencing undue hardship can apply to the Queensland Civil and Administrative Tribunal (QCAT) for permission to increase rent before the 12-month limit.
- Fixed-Price Advertising:
- Rooming accommodation must be advertised at a fixed price.
Privacy and Access
- Smoke Alarms:
- New grounds for entry to rooming accommodation to install, maintain, or repair smoke alarms.
Rental Bond Processes
- Changes in Bond Refunds for Commercial Bond Loans
- Mandatory Bond Lodgment for Student and Small-Scale Rooming Accommodation
- New Process for Resolving Bond Disputes at QCAT
Regulatory and Enforcement Updates
- New Regulations Introduced:
- Development of a portable bond scheme.
- Establishment of a rental sector code of conduct.
- Guidelines for tenants to request modifications for safety, security, or accessibility.
- Greater Enforcement Powers for the Residential Tenancies Authority (RTA)
- New penalties for non-compliance.
Other Notable Changes
- Clarity on Ending Tenancies
- Changes apply to short-term moveable dwellings, body corporate terminations, and student accommodations.
- Process for Handling Left-Behind Goods
- Stronger Protections for Domestic and Family Violence Victims
- Updated Terminology and Revised Penalty Provisions
Changes in Effect from 30 September 2024
Rent and Other Payments
- Reletting Costs:
- Calculated based on the remaining term of a lease (less or greater than three years).
- Rent Payment Options:
- Tenants must be offered at least two payment methods, including one that incurs no additional cost beyond standard banking fees.
- Utility Bill Payment Timeframe:
- Tenants must receive utility bills within four weeks to be required to pay.
- Water charges are now prorated when a tenancy begins or ends within a billing cycle.
Rental Bond Updates
- Maximum Bond Limits:
- No more than four weeks’ rent can be requested as a bond.
- Evidence Requirements for Bond Claims:
- Landlords must provide tenants with supporting evidence when making bond claims.
- Transitional period (30 September 2024 – 30 September 2025) applies to bonds lodged before 30 September 2024.
New Regulations and Enforcement
- Government Information Sharing:
- The RTA now has expanded powers to share information with government agencies.
- Penalties for False or Misleading Information:
- It is an offence to provide misleading information to the RTA.
Upcoming Changes from 1 May 2025
Rent and Other Payments
- Disclosure of Financial Benefits:
- Property managers must disclose any financial benefits received related to rent payments.
Privacy and Access
- Extended Entry Notice Period:
- Entry notice period increases from 24 hours to 48 hours.
- Limitations on Entry Frequency After Termination Notice Issued
- Stronger Privacy Protections for Tenant Information
Rental Application Process
- Standardised Rental Application Form Required
- Minimum of Two Application Submission Methods Must Be Offered
- Restrictions on What Information Can Be Requested from Tenants
Modifications and Structural Changes
- Tenants Can Request Fixtures and Structural Changes
- Landlords must respond within 28 days.
Additional Regulations to Be Announced
- Implementation of Portable Bond Scheme
- Finalisation of Rental Sector Code of Conduct
- Guidelines for Safety, Security, and Accessibility Modifications
How Ensure Legal Can Assist Understanding Queensland’s rental law changes is crucial for both landlords and tenants. At Ensure Legal, we provide expert legal advice and representation in tenancy matters, including lease agreements, rental disputes, bond claims, and compliance with new regulations. If you need legal guidance regarding your rights and obligations under the updated legislation, our property law specialists are here to help.
