I recently became a tenant myself. It was a challenge to find a suitable place with weekly rent that was affordable. With the prices of rent in the Mackay and Whitsunday regions as they are, it is understandable that disputes may arise between tenants and landlords regarding payments and other obligations. It is therefore essential for both tenants and landlords to know their respective rights and obligations.
In Queensland, most people who rent their home are covered by the Residential Tenancies and Rooming Accommodation Act 2008 (“the Act”). The Act sets out your rights and responsibilities for both tenants and landlords.
At the start of a tenancy, the landlord must give the tenant:
• A written tenancy agreement (this is optional for short moveable dwelling agreements).
• A copy of the Residential Tenancies Authority (“RTA”) information booklet that applies to the tenancy (not required in rooming accommodation).
• A receipt if you pay a bond and lodge your bond money with the RTA within ten (10) days.
• A prepared Entry Condition Report to comment on, sign and return. You must use this form to record the conditions of the premises when you move in.
Keep a copy for your records. This form is important evidence if you have a bond dispute at the end of the tenancy.
• A copy of any by-laws that apply to the tenancy (i.e. this applies if the property is situated in a Body Corporate).
During a tenancy agreement the tenant must:
• Pay the rent according to the agreement. If rent remains unpaid for seven days, the landlord can give the tenant a notice requiring the breach to
be remedied. If the tenant does not remedy the breach then the landlord can give them notice to vacate the premises.
• Keep the premises clean (having regard to their condition at the start of the tenancy).
• Repair any damage that the tenant or the tenant’s visitors cause.
• Not cause a nuisance to neighbours or disturb other tenants or residents.
• Be responsible for the behaviour of visitors.
• Get written permission to install fixtures or make changes to the premises.
• Get written permission to sublet to another tenant
During the tenancy agreement the landlord must:
• Ensure the premises are clean and in good repair when the tenant moves in.
• Ensure the premises are reasonably secure.
• Ensure the premises are fit to live in and kept in good repair.
• If there is a common area, ensure it is kept clean.
• Follow the rules of entry and respect the privacy of the tenant. Unless it is an emergency, in order to enter the tenant’s place the landlord must give the tenant at least 24 hours notice depending on the purpose of the inspection. The landlord must give written notice on an Entry Notice form.
You can use the following processes to help resolve any tenancy dispute that may arise:
1. Negotiate: if you have a tenancy problem, notify the other party as you may be able to resolve the problem by talking to them.
2. Notice to Remedy Breach: if the tenant or landlord has breached the terms of the agreement, you can give them a Notice to Remedy Breach. This form asks them to fix the problem or remedy the breach by the due date on the notice.
3. Apply to the RTA Dispute Resolution Service: you can use a Dispute Resolution Request to apply to the RTA for conciliation to resolve a dispute.
4. Apply to the Tribunal: the Queensland Civil and Administrative Tribunal (“QCAT”) has the power to hear tenancy matters and can make a range of orders to resolve tenancy disputes. If the matter is urgent, you may make an application directly to QCAT. If the matter is non-urgent, you must first apply
to the RTA.
5. Ending the Tenancy: if the dispute cannot be resolved, the tenant may want to end the tenancy and move out. In that case the tenant will have to give written notice of their intention to move out.
6. Report Offences to the RTA: failure to comply with some parts of the Act is an offence.
Offence provisions include failure to lodge bond money with the RTA, unlawful entry and unlawful seizure and disposal of tenant goods. You can report offences to the RTA Investigations Unit who can investigate offences and a person who commits an offence can be fined.
If you have any questions regarding a tenancy dispute, the RTA is very helpful in providing basic over the phone advice and assisting landlords and tenants in dealing with disputes. You can also visit their website, www.rta.qld.gov.au,for more information.
