Property owners could be forgiven for losing track of the wave of rental reforms that have either been legislated, or have been proposed, by the Queensland Government in recent times. The purpose of this article is to recap what has happened so far, and to inform landlords of future proposals.
STAGE ONE REFORMS:
These reforms have been legislated and are in place. Briefly, they had the following effect:
- Ended without grounds evictions
- Strengthened protections for renters against retaliatory actions being taken against them if they try to enforce their rights
- Made it easier for tenants to have pets
- Gave tenants experiencing domestic and family violence greater rights to end their tenancy
An additional STAGE ONE REFORM – Minimum Housing Standards – whilst legislated, will apply to new tenancies entered from 1 September 2023, and to all tenancies from 1 September 2024.
LIMITS TO RENT INCREASE FREQUENCIES:
Changes to limit rent increase frequency to once every 12 months came into effect for all new and existing tenancies on 1 July 2023.
Rent cannot be increased unless it has been at least 12 months since the current amount of rent became payable by the tenant. More frequent rent increases written into tenancy agreements prior to 1 July 2023 are invalid and no longer apply.
The rent increase frequency changes apply for the duration of the tenancy if at least one tenant is the same when the agreement is renewed.
It is an offense under the Residential and Rooming Accommodation Act 2008 (the Act) to increase the rent for a tenant more frequently than once every 12 months.
There is currently no limit as to the size of a rent increase, however, a tenant can dispute an increase with the property manager/owner if they feel it is excessive, or apply to QCAT for a resolution once a new tenancy agreement is signed.
If rent is increased, the bond may be also be increased proportionally.
STAGE TWO REFORMS
These reforms are currently being debated and as such, are proposals only. There is a lot of political talk and media speculation with regards to these (and other) proposed reforms, but at this point, we know the following reforms are currently being debated for future implementation:
- Making it easier for renters to install the safety, security and accessibility modifications they need.
- Helping parties negotiate about making minor personalisation changes to rental properties.
- Balancing renters’ rights to privacy with each owners’ need to inspect and stay informed about their rental property.
- Ensuring rental bonds provide appropriate security and all parties are transparent and accountable for their bond claims.
- Ensuring rent payment, utility and reletting fees and charges are fair and reasonable.
This is only a brief overview of the rental reforms to date, which we hope you find useful. For a more detailed and in-depth account, feel free to contact our property management team for advice, or visit https://www.housing.qld.gov.au/about/initiatives/rental-law-reform for more information.