Qld rental law reforms explained: how do they affect tenants and owners?
The Residential Tenancies Authority has introduced new minimum housing standards. Here’s what they are, and how they affect tenants and owners.
Renters can now be made to pay for repairs if they damage rental properties or fail to keep them clean during their lease agreement under new minimum housing standards that came into effect on September 1.
The new minimum standards currently apply to any new and existing tenants who sign on to a new lease from or after September 1, including those renting movable dwellings such as caravans and campervans and rooming accommodation.
New standards include certain privacy requirements, workable locks on external doors and some windows, dampness, mould, rotting or structural defects and working fixtures and fittings, including electrical appliances that come with the property.
If problems with the structure of the property are found or any problems relating to “reasonable use” of the property, the owner is responsible for fixing it and making any necessary repairs.
This includes things such as leaking roofs, leaking shower or a stove top that does not work.
But if the issue is caused by the actions of the tenant, the tenant is responsible for any necessary repairs.
This can include mould caused by the tenant allowing steam to build up in a bathroom and not properly ventilating or cleaning the area, or a vermin problem that may have been caused because the actions of the tenant attracted the animals to the property.
Under the new standards, renters are responsible for keeping the property clean and for not intentionally damaging it during the tenancy agreement period.
If a renter breaks this, landlords can issue them a notice to remedy breach (Form 11) to pay for the repairs.
Minimum standards are now in effect for any tenants and landlords entering into lease contracts from September 1, but next year, from September 1, 2024, the new standards will apply to all tenant properties, regardless of any previous or existing tenancy agreements.
Real Estate Institute Queensland (REIQ) chief executive Antonia Mercorella said the new standards provided statutory clarity for rental property managers and owners.
“Tenants have an absolute right to feel safe and secure in their homes and these provisions ensure that there is a clear standard for the condition of the premises and its inclusions, together with compliance measures to enforce the new standards,” she said.
“Given the vast majority of residential rental properties are managed by a property manager, as the peak body for real estate professionals, we have no doubt that this statutory clarity surrounding minimum housing standards will be welcomed and embraced by the industry.”
What are the new standards?
The property must be weatherproof and structurally sound.
Walls, ceiling and roof must be in good condition and not affected by significant dampness.
Decks and stairs must also be safe and not affected by rot or defects.
The property must have working fixtures and fittings, including electrical appliances that come with the property.
All external doors must have function locks and latches and any windows reachable from the outside without a ladder must have working lock mechanisms.
The property must be free from vermin, damp and mould.
It must also have curtains or blinds in any rooms where reasonable privacy is expected, such as a bedroom window, but are not required when a view into the room is blocked from the outside by things like fencing, hedges and trees.
Bathrooms are required to have level of privacy and toilets must be flushable.
All properties must also have adequate plumbing and drainage and be connected to a water supply.
Those with kitchens need to have a functioning cooktop and laundry areas must have tap fittings and plumbing.
If a rental property does not meeting the standards, what are your rights?
If a tenant arrives to a property and finds it does not meet the new standards, there have five options including moving out, or taking the matter through the Queensland Civil and Administrative Tribunal (QCAT).
1. Moving out
New tenants will have the option to end a tenancy within the first seven days of occupying the rental property if they believe it does not meet minimum housing standards.
They will need to issue a Notice of intention to leave (Form 13) and give at least 14 days’ notice to end the tenancy for a general tenancy agreement.
If the landlord believes the property is in good repair and meets minimum housing standards, they may treat this as breaking the lease and seek compensation.
If an agreement cannot be reached between the renter and landlord, they can request free RTA dispute resolution.
If an agreement still cannot be reached, the matter can be taken to QCAT, which has the authority to issue legally binding orders.
2. Applying to QCAT
A renter can apply to QCAT to request a termination order on the grounds that owner gave false or misleading information about the condition of the premises or its inclusions.
The matter must first go through the hands of the RTA, before reaching QCAT, as it is classed as a “non-urgent” dispute
The renter must apply for RTA dispute resolution within the first three months of living at the rental property. If the resolution is unsuccessful, the RTA will issue the tenant with a Notice of unresolved dispute and the tenant can make an application to QCAT to terminate the tenancy.
QCAT will give both the tenant and the property owner an opportunity to present evidence before deciding if they will issue an order to terminate the tenancy.
The kicker – the tenant must continue to pay rent until the matter is resolved.
3. Requesting emergency repairs
Repairs that are required to make the rental property comply with minimum housing standards will be classified as emergency repairs.
This means tenants can follow the process for emergency repairs if they believe that the property does not comply with the prescribed minimum housing standards.
4. Ordering emergency repairs
QCAT holds authority to issue repair orders to the rental property.
The tenant can make an urgent application directly to QCAT for a repair order if a rental property does not comply with minimum housing standards when they have either not been able to notify the landlord or property manager, when the manager or owner has not been able to arrange for a qualified person to carry out emergency repairs themselves or when an emergency repair was not made within a reasonable time.
QCAT will then provide a copy of the repair order and any time extensions granted to the RTA.
5. Internal dispute resolution process
Renters can go directly to QCAT for a repair order, but are advised to use the RTA’s free and impartial dispute resolution service beforehand.
However, tenants are advised to consider QCAT application time restrictions before going through the RTA dispute process (see below).
Tenants need to issue the property manager or owner with a notice to remedy breach form and provide them with a time frame for the repairs to be fixed.
The minimum repair timeframe is seven days.
If the owner fails to rectify the issue within the timeframe, the tenant can then lodge a dispute resolution request with the RTA.
More Coverage
Again, if the RTA cannot resolve the issue, the matter can be progressed to QCAT.
Important: Applications to QCAT must be made within six months of either the property manager or owner or tenant becoming aware of a breach.
Tenants should consider this when deciding if they want to go through RTA dispute resolution before applying to QCAT to ensure their application does not fall outside of the six-month time limit.
Originally published as Qld rental law reforms explained: how do they affect tenants and owners?
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