QLD New Rental Laws – A Must Read

New laws in effect from 6 June 2024

Rent bidding– rent bidding or accepting rent offers higher than the advertised price, are banned

Maximum rent in advance– a property manager/owner cannot, at the start of a new tenancy, solicit, accept or invite a tenant to pay more rent in advance that exceeds two weeks for a periodic tenancy agreement, a rooming accommodation agreement or movable dwelling tenancy agreement and one month for a fixed tenancy agreement, even if a prospective tenant makes an offer to pay more than the amount prescribed in the legislation
Note: throughout the course of a tenancy, a tenant may negotiate how much rent in advance can be paid

Rent increases– are limited to 12 months and are attached to the property instead of the tenancy. Written agreements must state the date of the last rent increase

Exemptions for rent increases– exempt property managers/owners and exempt providers/agents will be exempt from minimum period to increase rent. The Act provides definitions for an exempt property manager/owner and an exempt provider

Evidence of last increase– a tenant may (by written notice) request from a managing party, evidence of the day of the last rent increase, which must be provided within 14 days. The requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement, and the property manager/owner does not have information about the date of the last rent increase

Undue hardship– a managing party may apply to Queensland Civil and Administrative Tribunal (QCAT) for permission to increase rent within 12 months due to undue hardship. The tribunal must have regard to any representation made by the tenant in relation to affordability and ability to continue to pay rent

Fixed price– rooming accommodation must be advertised at a fixed price.


Upcoming changes (dates to be advised)

Re-letting costs– will be calculated on the remaining time on the tenancy or rooming agreement and whether the fixed term agreement is greater or less than three years

Rent payments– tenants must be offered two ways to pay rent including a way that does not incur more than usual bank costs and is reasonably available to a tenant

Disclosing benefits– any financial benefits received by managing parties regarding rent payments must be disclosed

Utility bills– a tenant must receive utility bills within a four-week timeframe unless the managing party has a reasonable excuse, otherwise the tenant does not need to pay. There are also changes to how water charges are calculated and can be charged when a tenancy begins or ends during a billing period.

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Jason Gwerder
Wednesday, 19 June 2024

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