HOUSING LEGISLATION AMENDMENT BILL 2021 The Queensland Government Housing Legislation Amendment Bill 2021 was recently passed by the Queensland Parliament and will begin to take effect on 1 October 2022. The aim of the bill was to reform aspects of the current tenancy laws. These changes will impact you and your investment. Below, please see an explanation of the four main provisions of the bill:
PETS ARE ALLOWED? In general, pets will be allowed unless you have a valid reason. You will only have 14 days to respond to a pet request and can not withhold approval unreasonably. Reasonable grounds include if the property is unsuitable or if keeping a pet would breach laws or bylaws. Owners can put conditions in place such as the pet being kept outdoors, carpets cleaned and property fumigated at end of tenancy. Owners may not increase rent or bond because of a pet. Also, pet damage has been excluded from fair wear and tear, so owners can seek compensation for damage caused by pets.
DOMESTIC VIOLENCE ISSUES A tenant will now be able to end their lease agreement with seven days notice if they are experiencing any domestic and or family violence. Tenants will only be responsible for seven days of rent.
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MINIMUM SAFETY STANDARDS Minimum housing standards for new tenancy agreements will start from 1 September 2023 and then for all tenancies from 1 September 2024. The new standards include: All accessible doors and windows must have functioning latches Windows must have some form of coverage Kitchen and laundry facilities are in good repair and do not pose a safety risk with normal use Property is structurally sound and weatherproofed
SELLING YOUR INVESTMENT If you decide to sell your property or have a contract of sale that is subject to vacant possession, you can issue a notice to leave. However, if you aren't genuine in your intentions and re rent the property within 6 months you could face a fine of up to $6700.
TENANT ENDING A TENANCY A tenant may end their tenancy if the property is not in good repair and not complying with the minimum standards set forth in the new legislation. Additionally, the tenant my terminate the lease if the lessor has provided false or misleading information about the lease or if a cotenant has become deceased.
Rouse Realty P: 07 5446 4999 E: info@rouserealty.com.au
OWNER ENDING A TENANCY Under the new legislation, ending a tenancy will become much harder. You will NO LONGER be able to end a tenancy without grounds. If your tenants are on a fixed term lease, you will still be able to give them a notice to leave prior to the lease expiry as this is considered grounds. However, if the tenancy has lapsed into a periodic tenancy, you will no longer be able to issue a notice to leave without grounds. Acceptable grounds will include:
Ending a tenancy under a fixed term lease Major renovation, repair or demolition to the property where it is not safe for the tenants to remain. Sale of the property Owner Occupation (or by an immediate family member)
Note: Lessors will also be able to seek an order from the Queensland Civil and administrative Tribunal to terminate the tenancy for significant or serious breach of the lease by a tenant
IT PAYS TO STAY INFORMED If you would like any advice regarding how to proactively protect your investment, or help with moving a bad tenant on , please give us a call on 07 5446 4999. We are always glad to help.
Rouse Realty P: 07 5446 4999
E: info@rouserealty.com.au