This article applies to organisations who engage in residential tenancy and rooming accommodation agreements.
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld)
On 1 July 2024, all relevant provisions (except for Division 3 of Part 2) of the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld) (the Amending Act) commenced. Other parts that are not relevant (Divisions 2 and 4 of Part 3 of the Amending Act) will commence on 6 June 2025. The Amending Act made amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (the Act) and the Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld) (the Regulation) to strengthen renters’ rights and to stabilise rents in the private rental market.
Please note that this article only includes relevant changes that have already commenced (all provisions except for Division 3 of Part 2 of the Amending Act, which have yet to be proclaimed).
Residential tenancy and rooming accommodation agreements
Rent amount – residential tenancy agreements
The existing section 57 of the Act prohibits the offering of a residential tenancy rent that is not a fixed amount. The amended section 57 extends the prohibition to include the solicitation or otherwise the invitation or acceptance of an offer for a residential tenancy for premises that is more than the fixed amount stated in an advertisement or offer as the rent for the premises.
Limitation on rent in advance – residential tenancy agreements
Under section 87(1) of the Act, a lessor or lessor’s agent must not require rent in advance that is more than:
- for a periodic agreement or an agreement for moveable dwelling premises—2 weeks rent; or
- for another agreement—1 month rent.
The new section 57AA builds on this to prohibit a person from soliciting or otherwise inviting an offer, or accepting an offer, of rent in advance for a premises that is more than the amount required under section 87(1).
Rent amount and limitation on rent in advance – rooming accommodation agreements
Rooming accommodation agreements now have similar prohibitions to residential tenancy agreements under the new sections 76AA and 76AB of the Act, whereby a person must not:
- advertise or otherwise offer rooming accommodation for rental premises unless a fixed amount is stated in the advertisement;
- accept a rental bond from the resident of the rental premises if the rooming accommodation for the rental premises was advertised or offered without stating a fixed amount of rent for the rental premises;
- solicit or otherwise invite an offer, or accept an offer, of an amount for rooming accommodation for rental premises that is more than the fixed amount stated in an advertisement; and
- solicit or otherwise invite an offer, or accept an offer, of an amount of rent in advance for the rental premises that is more than the amount required under section 101(1) of the Act (2 weeks rent in advance).
Rent increase
The amendments regarding rent increases for residential tenancy and rooming accommodation agreements are substantially similar. The lessor or lessor’s agent (or provider or provider’s agent) must:
- not increase, or purport to increase, the rent payable less than 12 months after the last rent increase;
- give written notice of the day the rent was last increased, if proposing to increase the rent payable;
- if requested by the tenant or resident, give evidence to the tenant or resident (removing or de-identifying personal information about any other person) of the last rent increase within 14 days after receiving the request for evidence; and
- include in the written agreement the day the rent was last increased and the time the agreement was entered into.
Auction – goods and documents left behind on premises
Regulation 29 of the Regulation outlines the procedures allowing a lessor to sell goods left on premises via auction after a residential tenancy agreement ends. Under the amended regulation 29, the lessor must make reasonable efforts to contact the owner of the goods to provide notice of the intention to sell the goods by auction. Examples of reasonable efforts include:
- attempting to contact the owner of the goods by telephone, including text message, email or private message on a social media platform;
- attempting to contact an emergency contact listed on the owner’s tenancy agreement; and
- publishing a notice in an online newspaper for the city or State where the owner of the goods was or is residing.
Conclusion
The Amending Act has introduced new provisions restricting rent increases to no less than 12 months at a time and banning all forms of rent bidding. Organisations should review and update their policies, processes and systems to reflect the changes and make all relevant staff aware of the changes.