Tenancy Law in Queensland.

This legislation details the obligations of both the landlord and the tenant before, during and at the end of a tenancy.

It is important that both landlords and tenants understand this legislation to ensure both parties know their rights and how they are protected by this law.

Tenancy agreement

A Fixed term residential tenancy agreement is an agreement between a landlord and tenant for a specific period of time. A 6 or 12 month residential tenancy agreement is the most commonly used fixed term agreement.

A Periodic residential tenancy agreement is an agreement between a landlord and tenant which has no fixed period. A month to month residential tenancy agreement is an example of a periodic tenancy. Periodic leases automatically start at the end of a fixed term.

The contract will detail the terms and conditions of rental such as rent payment terms.

Before the agreement is signed the following must take place:

▪	the landlord or agent must give the tenant a copy of the proposed residential tenancy agreement
▪	the landlord must provide the tenant with a copy of the “Information Statement - Renting a home - A tenant's guide to the rules for renting in Queensland” available from the Residential Tenancies Authority website
▪	the tenant must be given reasonable time to consider the agreement
▪	the tenant must provide the landlord or agent with their full name
▪	the owner must provide the tenant with their full name and address where the tenant can contact the owner
▪	if an agent signs the agreement on behalf of a property owner, the agent must provide the tenant with the agency’s full name, the fact that they are acting as an agent, and if the agent is a company, an employee (usually the property manager) who can be contacted in relation to the agreement

If both parties still wish to pursue the tenancy then the agreement is signed, bond paid (if requested), advance rent paid and the tenant can move in. A full inventory, or condition report, detailing the contents and condition of the property should also be signed by both parties.

Security deposits / rental bonds

A security deposit or rental bond can be taken from a tenant to cover any damages or breakages that may occur, or any income loss.

The bond cannot exceed four weeks rent if the weekly rent is less than $500. If the weekly rent is over $500 then an unlimited amount can be requested as a bond.

Once a bond has been paid both parties must complete a “Bond Lodgement” form and the money must be lodged with the Residential Tenancies Authority within 10 days. The tenant must also be supplied with a receipt showing payment of the bond.

Once the Residential Tenancies Authority have received the bond money an official receipt will be issued to both parties. This receipt will have a unique Rental Bond Number which identifies details of the tenancy.

At the end of the tenancy a full inspection of the property should be undertaken. If any problems are detected then the landlord must give the tenant reasonable time to rectify these. If both parties agree as to how the bond shall be returned an application should be made to the Residential Tenancies Authority requesting that the bond is refunded. The Bond Refund form is available from the Residential Tenancies Authority website.

In the event that an agreement cannot be reached, either party can make an application to the Residential Tenancies Authority. The other party will then be notified and will have 14 days to dispute the claim. If there is no response the bond will be paid out as directed on the first Refund of Rental Bond form. If the claim is disputed the matter will be referred to the Dispute Resolution Service who can assist the two parties in making a decision. If this still fails the matter can be referred to the Small Claims Tribunal for a hearing and an order can be made.

In addition to the bond, a landlord can request 1 month’s rent as advance payment if the agreement is fixed term. In the event of a periodic agreement 2 weeks advance rent can be requested.

Landlord Responsibilities

During the tenancy the landlord is required to:

▪	provide the property, any furniture, fittings and appliances in a reasonable state of repair, cleanliness, and secure condition.
▪	undertake any repairs as soon as possible and arrange a suitable time with the tenant to carry out these repairs
▪	allow the tenant quiet enjoyment of the property
▪	pay all charges, rates and taxes relating to the property
▪	comply with the laws regarding health and safety of people using or entering the property

An increase of the rent can only occur if specified in the agreement. The agreement must state the amount of the increase or the method for calculating the increase. It cannot be increased within 6 months of the start of the tenancy or date of last increase. 60 days notice must be given.

Tenant Responsibilities

During the tenancy the tenant is required to:

▪	pay the rent on time
▪	abide by the terms and conditions of the agreement
▪	pay the cost of any metered services for the period of tenancy, if applicable.
▪	maintain and clean the property to a reasonable standard
▪	notify the landlord or agent or any problems within a reasonable time scale
▪	return the property to the same standard except for expected wear and tear

They should also not:

▪	damage the property either intentionally or negligently. If so, they are required to repair or replace the item(s) at their own expense and notify the landlord or agent of this
▪	make alterations to the property without the landlord’s consent
▪	use or allow the property to be used for illegal purposes
▪	cause or allow nuisance
▪	disrupt their neighbours

Urgent repairs during a tenancy

The tenant must notify the landlord as soon as possible if there are any repairs required that are urgent.

Urgent repairs are those which are required to correct serious faults or problems with the property that could be dangerous to the tenants and/or the property and its contents. These are classed

▪	a dangerous electrical fault
▪	a failure of gas, electricity or water supply to the property
▪	flooding or serious flood damage
▪	serious storm or fire damage
▪	a gas leak
▪	a burst water service
▪	a blocked or broken lavatory system
▪	a serious roof leak
▪	a failure or breakdown of any service on the property essential for hot water, cooking, heating or laundering
▪	the failure of a refrigerator supplied with the property
▪	a fault or damage that causes the residential property to be unsafe or insecure
▪	a serious fault in any door, staircase, lift or other common area which inhibits or unduly inconveniences the tenant in gaining access to and use of the property
▪	a fault or damage likely to cause injury to person or property

If a tenant cannot make contact with the landlord or the authorised contact person then the tenant can arrange for the repairs to be undertaken. However the tenant can only authorise urgent repairs with a maximum value equivalent to 2 weeks rent. The tenant can choose a qualified tradesperson and can either pay the bill themselves or ask the tradesperson to bill the landlord directly. If the tenant pays the bill themselves they must obtain an invoice or receipt detailing the total cost and a brief statement detailing the problem and the repairs. The landlord must reimburse the tenant within 7 days. If the landlord fails to pay the tenant or the tenant believes that they should not be responsible for the cost of the emergency repairs, the tenant can apply to the Small Claims Court for a hearing.

For all other repairs the tenant must allow the landlord reasonable time to carry out the repairs. If the landlord still does not carry out any repairs the tenant can issue a “Notice to Remedy Breach” form asking the landlord to carry out the repairs within 7 days. If the landlord still does not carry out the repair, the damage is serious and the tenant wishes to leave a “Notice of Intention to Leave” can be issued.

If the tenant, or a guest of a tenant, has caused the damage then the tenant is responsible for the cost.

Locks for the property may be changed providing that the other party has consented. The person who changes the locks is responsible for the cost unless an agreement has been reached to share the cost. In case of an emergency the locks can be changed without the other party’s consent. A copy of the new key(s) must be provided to the other party.

Accessing the property during a tenancy

The landlord can inspect the property once every 3 months. The landlord must give at least 1 weeks written notice and both parties must agree to a suitable date and time.

The tenant must allow the landlord reasonable access to the property to show the property to prospective new tenants. A “Notice to Leave” must have been issued or a “Notice of Intention to Leave” must have been received. 24 hours notice must be given and a reasonable time must have elapsed since the last entry for this reason. If the property is being shown to a prospective buyer the same terms apply however the landlord must have also issued the tenant with a “Notice of Lessor’s Intention to Sell” form.

If the landlord believes that the property has been abandoned then 24 hours notice must be given.
If the landlord needs to carry out repairs then 24 hours notice should be given. However entry can occur without notice if the property is in a remote area and there is a shortage of tradespeople.

The property can be entered for the purpose of obtaining a valuation of the property provided that 24 hours notice has been given.

No notice is needed in the case of an emergency or if the landlord reasonably believes that entry is necessary to prevent damage from happening to the property.

If both parties agree then the landlord or agent can enter the property.

Ending a tenancy

Before the end of a fixed term tenancy both parties should decide what will happen. The tenant can move out, stay in the property on a new fixed term agreement or stay in the property on a periodic agreement. The tenant cannot just move out at the end of the fixed term agreement without informing the landlord or agent.

Both parties must give the correct notice to the other party when they want to terminate the agreement.

Notice by landlord

If the landlord wishes to terminate the tenancy a “Notice to Leave” form must be given to the tenant.

A landlord can issue the tenant with notice to vacate if:

▪	the tenant is in arrears with rent payments. 7 days notice must be given.
▪	the tenant has breached any of the terms and conditions of the rental contract other than non-payment of rent and has not remedied these breaches. 14 days notice must be given.
▪	the property is not fit to live in. Same day notice can be given.
▪	the tenant has not complied with a Small Claims Tribunal order. 7 days notice must be given.
▪	the property is required for compulsory acquisition. 2 months notice must be given
▪	the agreement is a fixed term agreement and there are “no grounds” then 14 days notice or the end of the term (whichever is later) must be given.
▪	the agreement is a periodic agreement and there are “no grounds” then 2 months notice must be given.
▪	the agreement is a periodic agreement and a sale contract has been signed then 4 weeks notice must be given.

The landlord or agent can apply directly to the Small Claims Tribunal for a termination if the tenant has broken the agreement in a serious way more than twice in a 2 year period and for the same reason. On each occasion prior to this the tenant has been given a “Notice to Remedy Breach” and rectified this breach within the appropriate timescale. An example of this could be that the tenant has been in arrears with the rent more than twice in 2 years but has paid the arrrears on receiving the “Notice to Remedy Breach” each time. However if the tenant is in arreras again the landlord does not have to issue a “Notice to Remedy Breach” but can just make an application directly to the tribunal.

Notices can be personally delivered to the tenant or posted. However it is important to remember that if posted extra time should be allowed for the notice period to take effect. The notice period is counted from the day the tenant receives the notice. Therefore if posted, an extra 2 days should be taken into account.

If the tenant fails to vacate the property and remains in the property after the due date of vacation specified on any Notice to Leave then the landlord must apply to the Small Claims Tribunal for a termination order and a Warrant of Possession within 14 days. The tenant may also be liable for any additional costs or damages to the landlord and may be required to pay compensation.

Notice by tenant

If the tenant wishes to terminate the tenancy a “Notice of Intention to Leave” form must be given to the landlord or agent.

A tenant can issue the landlord with notice of intention to leave if:

The tenant can apply directly to the Small Claims Tribunal for a termination if the landlord has broken the agreement in a serious way more than twice in a 2 year period and for the same reason. On each occasion prior to this the landlord has been given a “Notice to Remedy Breach” and rectified this breach within the appropriate timescale however on the third occasion the tenant need not serve a “Notice to Remedy Breach” but can just make an application directly to the tribunal.

Notices can be personally delivered to the landlord or posted. However it is important to remember that if posted extra time should be allowed for the notice period to take effect. The notice period is counted from the day the landlord receives the notice. Therefore if posted, an extra 2 days should be taken into account.

Termination by the Small Claims Tribunal

Either party can make an application to the Small Claims Tribunal to terminate the agreement. Common reasons for applying include non-payment of rent, tenant failing to vacate or a breach of the terms and conditions by either party.

The Small Claims Tribunal is part of Queensland’s court system and their role is to hear and resolve tenancy disputes.

Not only can they issue an order for termination but they can also issue other orders such as an order to pay the rent or an order for compensation.

Application forms and further information can be obtained from the Queensland Courts website.

Eviction

Only the Tribunal can issue a warrant of possession. This can be issued after the landlord or agent has applied for and received a termination order. Therefore the application for a warrant of possession should be made at the same time as the application for a termination order.

The Tribunal will forward the warrant of possession to the local police station as the warrant can only be served by a police officer. Both parties are informed of this. The warrant will state by which date it must be executed.

This is a brief guide to Australian Law on renting your property within Queensland. For a full copy of the The Residential Tenancies Act 1994 please click here.