Upcoming Rental Law Changes in Queensland

Upcoming Rental Law Changes

The Residential Tenancies and Rooming Accommodation Amendment Regulation 2022 provides key information about tenancy law changes.

Some pivotal changes to be in effect as of 1 October 2022 include:

• Providing parties with a wider range of specific reasons to end a tenancy with the appropriate notice periods;

• Introducing a framework to support rental negotiations where pets are involved; and

• Introducing repair orders for tenants to have repairs addressed in a timely manner.

For Property Owners

From 1 October 2022, the option to end a period tenancy with no grounds will no longer be available to property owners. New reasons property owners can give to end a periodic tenancy include:

• end of a fixed term agreement;
• preparing the property to sell or a sale requiring vacant possession;
• Owner or relative moving in;
• change of use of property;
• significant repairs or renovations;
• demolition or re-development;
• premises used for state government program.

Negotiations with Pets

From the 1st of October 2022, if a tenant wishes to keep a pet in the property, they will need to provide a Request for approval form and submit it to the owner. Once received, an owner must respond in writing with their decision within 14 days. If you accept a pet, you can provide reasonable conditions such as the requirement to fumigate at the end of the tenancy. If you refuse the pet, you must provide a specific reasons.

Reasons could be:

• Keeping the pet would exceed a reasonable number of animals being kept at the premises.
• The premises are unsuitable for keeping the pet because of lack of appropriate fencing, open space or another item necessary to humanely accommodate the pet.
• Keeping the pet is likely to cause damage to the premises and in addition could or would be likely to result
  in damage that could not practically be repaired for a cost less than the rental bond for the premises.
• Keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for
  example, because the pet is venomous.
• Keeping the pet would contravene a law.
• Keeping the pet would contravene a body corporate by-law, house rules or park rules applying to
  the premises.
• The tenant has not agreed to the reasonable conditions proposed by the lessor for approval to keep
  the pet.
• The animal stated in the request is not a pet.
• If the premises is a moveable dwelling premises, keeping the pet would contravene a condition of
  a licence applying to the premises.
• Other grounds prescribed by regulation.

Repair Orders

From the 1st of October 2022, tenants can apply for a repair order from QCAT if routine or emergency repairs are not addressed within a reasonable timeframe.

If an order is given, the repair order will attach to the property and a property owner will be required to rectify works by the due date even if the tenants vacate.

What if you are Selling or Buying Property in Queensland?

If you live interstate and are planning to buy or sell property in Queensland, it is important to consult with an experienced property lawyer to ensure your rights and obligations are protected because we do things differently up here in the Sunshine State.

At McLaughlin & Associates Lawyers, we specialise in acting for interstate buyers. So, before you sign a Contract, contact one of our experienced property lawyers to obtain a contract review. Our team can be contacted on 07 3808 7777 or business@mclaughlinlawyers.com.au.