The Queensland Government has introduced significant changes to rental legislation, aiming to strengthen renters’ rights and stabilise the rental market. The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024, which became law on 6 June 2024, introduces new regulations that limit rent increases, ban rent bidding, enhance privacy protections, and improve transparency in rental transactions.
These reforms affect both tenants and landlords, making it essential for all parties to understand their rights and responsibilities. This article breaks down the key changes and their legal implications.
Key Rental Law Reforms in 2024
The Amendment Act 2024 introduces several major changes designed to protect tenants and improve housing stability.
Rent increase frequency now applies to properties, not tenants
Previously, rent increases were limited to once every 12 months per tenancy agreement. From 6 June 2024, this limit now applies to the property itself. This means that landlords cannot circumvent the rule by signing a new lease with a different tenant and immediately increasing the rent. If a rental property has had a rent increase, a new tenant cannot be charged a higher rent until at least 12 months after the last increase.
Non-compliance is now an offence, and landlords can face penalties.
Ban on rent bidding
All forms of rent bidding are now prohibited. This means that landlords and agents cannot encourage tenants to offer higher rents to secure a lease. Advertised rental prices must be fixed, and tenants cannot be asked to outbid each other.
Landlords and agents should ensure that advertised rents remain consistent, and any attempt to solicit higher offers could lead to penalties.
Stronger privacy protections for tenants
Landlords or agents must provide 48 hours’ notice before entering a property, except in cases of general inspections, emergencies, or safety checks. Rental application forms must follow a prescribed format, and any personal information collected must be securely stored and eventually destroyed.
Landlords must review their entry notice procedures and comply with stricter privacy laws to avoid potential legal claims from tenants.
Limiting lease break costs for tenants
If a tenant breaks a fixed-term lease early, the re-letting costs must now be capped based on how much time remains on the lease. Landlords can no longer demand excessive lease break fees.
Landlords must adjust their lease agreements and ensure any break fees align with the legal cap, or they risk disputes with tenants.
Increased transparency in rental transactions
Utility bills must be passed on to tenants promptly, and any financial benefits landlords receive from payment platforms must be disclosed. Tenants must have a fee-free rent payment option, ensuring they are not forced to use costly third-party services.
Landlords and property managers must update lease agreements to include transparent billing practices and offer at least one free rental payment option.
Future Reforms on the Horizon
The Queensland Government is considering additional rental reforms, including a rental sector code of conduct that will establish clear ethical guidelines for landlords, property managers, and tenants to follow.
Another proposed change is the introduction of a rental property modification agreement framework, allowing tenants to request safety, security, and accessibility modifications to rental properties.
There are also discussions around a portable bond scheme that would enable tenants to transfer their rental bond when moving between properties, reducing upfront costs associated with moving.
Landlords and property managers should stay updated on these changes, as they could significantly impact lease agreements and rental operations.
Minimum Housing Standards: What Landlords Must Do by September 2024
From 1 September 2024, all rental properties in Queensland must meet minimum housing standards, which include:
- Structurally sound and weatherproof premises
- Locks on all doors and windows
- No vermin, damp, or mould
- Adequate plumbing and drainage
- Functioning kitchens and laundry facilities if provided in the lease
Landlords must ensure their properties comply before 1 September 2024 to avoid penalties. Non-compliance could lead to tenants terminating their leases early or seeking legal recourse through the Residential Tenancies Authority.
Protections for Renters Facing Domestic and Family Violence
Tenants experiencing domestic and family violence now have the right to leave immediately with seven days’ notice and claim any bond contributions they made. They are not liable for property damage caused by the violence and can change locks without the landlord’s permission to ensure safety.
Landlords must not disclose information about a tenant’s situation unless legally required, and any breaches can result in penalties.
Ending Tenancies Fairly: New Rules for Landlords
From 1 October 2022, landlords can no longer terminate leases without valid grounds. New acceptable reasons to end a tenancy include the expiration of the lease term, significant repairs or renovations, the property being sold and requiring vacant possession, or the property changing use.
Landlords must provide valid grounds and cannot evict tenants without a justified reason. Failure to comply may lead to legal disputes.
Renting with Pets: Landlords Have Limited Refusal Rights
Since 1 October 2022, landlords cannot refuse pet requests without valid reasons. If a landlord does not respond within 14 days, the request is automatically approved. Pet bonds and rent increases due to pets are prohibited.
Landlords must provide written reasons for refusing a pet request, and these reasons must align with legal exemptions. Failure to comply can lead to legal action from tenants.
Conclusion: How Landlords and Tenants Can Stay Compliant
The 2024 rental law reforms significantly enhance tenant protections and increase landlord responsibilities. Both parties must understand and comply with the new rent increase restrictions, follow fair tenancy termination rules, ensure rental properties meet minimum housing standards, and maintain transparency in rental agreements.
At Ensure Legal, we specialise in Queensland property law and can assist both landlords and tenants with lease agreement reviews, legal representation for rental disputes, and advice on property modifications and housing standards.
Contact Ensure Legal today for expert advice on Queensland’s rental law changes.
