The Queensland Government has introduced a range of significant changes to the Queensland tenancy landscape. Come 1 October 2022, new laws will come into effect impacting tenancies with regard to pets, grounds for termination, periodic tenancies and minimum housing standards.
Changes to the rules surrounding pets
Pursuant to the new laws, landlords will effectively no longer be able to advertise a property as being ‘no pets allowed’. Landlords can only refuse a tenant’s request to keep a pet for a reason listed under the grounds prescribed in the legislation. Notably, these grounds include but are not limited to:-
- Keeping the pet would exceed a reasonable number of animals at the property.
- The property is unsuitable for keeping the pet because of a lack of appropriate fencing or space or another thing necessary to humanly keep the pet.
- Keeping the pet would likely cause damage which could not be reasonably repaired for an amount less than the rental bond.
If a tenant makes a request to keep a pet, landlords must respond to the request in writing within 14 days of receiving it. If the response is an approval, any conditions of approval must be set out. If the response is a refusal, the grounds of refusal need to be set out.
If a landlord decides to approve a pet application, they may be able to impose conditions of approval if reasonable. If the condition is reasonable, breaching it may be grounds for termination by a landlord. The legislation sets out that the following conditions which may be reasonable depending on the type and nature of the pet:-
- a condition requiring the pet to be kept outside at the property;
- a condition requiring the property to be professionally fumigated at the end of the tenancy; and
- a condition requiring carpets in the property to be professionally cleaned at the end of the tenancy.
In response to the obvious concerns surrounding damage caused by pets, the legislation will be amended to remove pet damage from the definition of fair wear and tear. The effect of this is that landlords will be able to seek compensation from tenants for damage caused by their pets.
Changes to grounds for termination
Pursuant to the new laws, Landlords will no longer be able to terminate a tenancy without grounds. However, a range of new grounds on which a fixed term agreement can be terminated are also being introduced.
For landlords, these grounds include but are not limited to:-
- planned demolition or redevelopment of the premises;
- significant repair or renovations of the premises;
- change of use for the premises;
- owner occupation of the premises.
Although it should be noted that these new grounds will not allow a landlord to vacate a tenant before the end date of the fixed term agreement.
For tenants, the new grounds for termination include where the property is not in good repair or does not comply with the minimum housing standards. Tenants can continue to end an agreement ‘without grounds’.
Both tenants and landlords must provide appropriate notice for the ground (reason) they are using to end the agreement. Tenancies will continue to be able to be ended at the end of a fixed term agreement.
Changes to periodic tenancies
If a period tenancy continues or begins after 1 October 2022, a landlord will only be able to end the tenancy for on a limited number of prescribed grounds. That is, landlords will no longer be able to end periodic tenancies without grounds.
These grounds include but are not limited to:-
- planned demolition or redevelopment of the premises;
- significant repair or renovations of the premises;
- owner occupation of the premises;
- change of use for the premises;
- sale of the premises.
A possible consequence of the new laws is that they may result in tenants being locked into a tenancy for an indefinite period.
Changes to minimum housing standards
Pursuant to the new laws, an introduction of a new set of minimum housing standards will occur. 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.
What this means for you
Both landlords and tenants are encouraged to review what impact these changes will have on their current tenancy agreements.
If you are a tenant or landlord who is unsure about what effect these changes will have, we encourage you to contact our office and schedule an appointment with one of our experienced commercial solicitors.
