Queensland’s Rental Law Shake-Up: What You Need to Know
At Ensure Legal, we strive to keep landlords, property managers, and tenants informed about the latest legislative updates. The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 has introduced significant changes to rental laws in Queensland. These amendments affect general tenancies, rooming accommodation, and moveable dwelling tenancies under the Residential Tenancies and Rooming Accommodation Act 2008.
The Queensland Parliament passed the new laws on 23 May 2024, with some taking effect immediately upon assent on 6 June 2024. Other provisions will be implemented in two stages:
- Proclamation Part One: Effective from 30 September 2024.
- Proclamation Part Two: Effective from 1 May 2025.
Summary of Rental Law Changes
New Laws in Effect from 6 June 2024
Rent and Other Payments
- Rent Bidding: The practice of soliciting or accepting offers above the advertised rental price is banned.
- Maximum Rent in Advance: Property managers and owners cannot request or accept more than two weeks’ rent in advance for periodic tenancy agreements, rooming accommodation, or moveable dwelling agreements, and no more than one month’s rent in advance for fixed-term tenancy agreements.
- Rent Increases: Limited to once every 12 months and tied to the property rather than the tenancy. Written agreements must include the date of the last rent increase.
- Exemptions for Rent Increases: Certain property managers and providers are exempt from the 12-month minimum period for rent increases, as defined under the Act.
- Evidence of Last Increase: Tenants have the right to request written proof of the last rent increase, and property managers must provide this within 14 days unless:
- The landlord qualifies as an exempt lessor.
- The property was purchased between 6 June 2023 and 6 June 2025 and the previous rent increase details are unavailable.
- The property is newly rented out for the first time.
- Undue Hardship: Property owners facing undue hardship may apply to the Queensland Civil and Administrative Tribunal (QCAT) for permission to increase rent within 12 months.
- Fixed Price Advertising: Rooming accommodation must be advertised at a fixed price.
Balancing Privacy and Access
- Smoke Alarms: New entry provisions allow property managers to enter rooming accommodation for smoke alarm installation, maintenance, or repairs.
Rental Bond Processes
- Commercial Bond Loans: The process for refunding bonds involving commercial bond loan suppliers has changed.
- Bond for Rooming Accommodation: Bonds must be lodged for each room in cases where the property owner resides on-site and rents out no more than three rooms, including student accommodation.
- Bond Disputes: If a bond dispute is dismissed or withdrawn at QCAT, the Residential Tenancies Authority (RTA) can release the bond as per the original request.
New Regulations and Enforcement
- New Regulatory Powers: Three new Heads of Power (regulations) have been established to oversee:
- A portable bond scheme.
- A rental sector code of conduct.
- Applications for modifications to improve safety, security, or accessibility.
- Stronger Enforcement: The RTA has been granted additional powers to enforce compliance, including new offence provisions.
Other Changes
- Ending Tenancies: Clarifications regarding short-term moveable dwellings, body corporate terminations, and student accommodation entitlements.
- Goods Left Behind: Revised procedures for contacting former tenants and advertising stored goods.
- Domestic and Family Violence: Expanded confidentiality requirements and terminology updates.
- General Amendments: Minor terminology adjustments and increased penalties for certain offences.
Upcoming Changes Effective from 1 May 2025
Rent and Other Payments
- Disclosure of Benefits: Managing parties must disclose any financial benefits received in connection with rent payments.
Balancing Privacy and Access
- Entry Notice Period: Increased from 24 hours to 48 hours.
- Entry Frequency: New limits on the number of times a property manager can enter after issuing a notice to end the tenancy.
- Privacy Protections: New restrictions on the type of personal information that managing parties can collect from tenants.
Other Changes
- Rental Application Process: A new standardized rental application form must be used, and tenants must be given the option to submit applications without using third-party platforms. Additional restrictions will be placed on what information landlords can request.
- Requests for Fixtures and Structural Changes: Tenants must submit written requests for fixtures and structural modifications, and property managers must respond within 28 days.
- Additional Regulatory Powers: Further implementation of the Heads of Power regulations regarding:
- The portable bond scheme.
- The rental sector code of conduct.
- Safety, security, and accessibility modifications.
More details will be provided once regulations are finalized.
Stay Informed with Ensure Legal The evolving landscape of Queensland’s rental laws can significantly impact both landlords and tenants. If you need legal guidance on how these changes affect your rights and responsibilities, Ensure Legal is here to help. Contact us today for expert advice and assistance in navigating Queensland’s rental law reforms.
