Changes to Queensland tenancy laws

In force changes

In August 2022, our firm published an article relating to a host of changes to Queensland’s rental tenancy laws that were to be introduced by the Queensland Government in October 2022.  These changes included:-

1. Changes to the rules surrounding pets owned by tenants;
2. Changes to grounds for termination of tenancy agreements; and
3. Changes to periodic tenancies.

The foreshadowed changes have come into effect as anticipated and now form part of the Residential Tenancies and Rooming Accommodation Act 2008.  Our previous article describing these changes can be found here.

Queenslanders should expect more changes to our tenancy laws to be introduced in the near future.

Upcoming changes to minimum housing standards

The remaining changes that were raised by the Queensland Government in 2022 involve changes to the minimum housing standards for rental properties.

These minimum standards require a premise to be waterproof, structurally sound and in good repair.  Functioning locks must be fitted on all external windows and doors.  Some rooms (such as bedrooms) must have privacy coverings on windows, such as curtains.  The new laws relating to the minimum housing standards will come into effect for new tenancies from 1 September 2023, and for all tenancies from 1 September 2024.

Upcoming changes to rent increases

From 1 July 2023, landlords will be barred from increasing rents within 12 months from either the last rent increase or from the first day that the tenant had to pay rent under the tenancy agreement (i.e. the start of the agreement).

These changes will impact all tenancy agreements from 1 July 2023, regardless of when the tenancy agreement was entered into.  This means that any rental increases that are due to come into effect from 1 July 2023 will be void unless they comply with the 12-month rule described above.

Landlords also should be aware of the strict notices periods that are required for rent increases.  For ordinary residential tenancy agreements, notice must be given at least 2 months prior to any proposed rent increase.  For rooming accommodation agreements, the minimum is 4 weeks.

Further, rent increases under a fixed term agreement can only occur prior to the term ending where the agreement provides for rent increases, the agreement provides a basis for calculating an increase and the increase is made pursuant to the agreement.  Ordinarily, rent increases will be made to reflect the current market rate for the specific property.

Upcoming changes to taxation of housing developers

The Government has also proposed now laws to facilitate tax deductions for housing developers to encourage housing growth.  These proposed changes are said to specifically target the development of affordable housing.

Macrossan & Amiet encourages both tenants and landlords to be both aware of the recent changes to tenancy laws as well as keep an eye on future changes announced by the Government.