Rental law changes (2024)

Changes to Queensland rental laws came into effect from 6 June 2024.

Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023, and will come into effect for all remaining tenancies on 1 September 2024.

Rent and Increases  

• Rent bidding – any person (not restricted to managing parties only) involved in the tenancy agreement process, cannot invite, solicit, or accept an offer higher than the advertised rental amount from prospective tenants (maximum 50 penalty units). 
• Maximum rent in advance – a property manager/owner cannot, at the start of a new tenancy, solicit, accept or invite  a prospective tenant to pay more rent in advance that exceeds two weeks for a periodic tenancy 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 – rent increases can only occur once every 12 months and this now applies to the property or room, rather than the tenancy or rooming agreement. When starting a new rental agreement, you cannot charge more than the previous tenancy if the property is re-let within the same 12 month period (maximum 20 penalty units).  Additionally, new rental agreements must state the date of the last rent increase, so be sure to include this information when preparing a new tenancy or rooming agreement (maximum 40 penalty units).   
• 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 rent increase – a tenant may request in writing, evidence of the date of the last rent increase from the managing party, and you must provide to them within 14 days (maximum 40 penalty units). However, the requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement and you do not have information about the date of the last rent increase. For more information, please visit our Rent increases webpage. 
• Fixed price for rooming – you must advertise a room at a fixed price (maximum 50 penalty units).   
• Undue hardship –you 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. 

Balancing Privacy and Access 

• Smoke alarms – as a managing party, you may enter a room for the purposes of installing, maintaining or repairing smoke alarms, provided you issue a notice of entry to the tenant, at least 24 hours in advance.   – rent increases can only occur once every 12 months and this now applies to the property or room, rather than the tenancy or rooming agreement. When starting a new rental agreement, you cannot charge more than the previous tenancy if the property is re-let within the same 12 month period (maximum 20 penalty units).  Additionally, new rental agreements must state the date of the last rent increase, so be sure to include this information when preparing a new tenancy or rooming agreement (maximum 40 penalty units).   

  Rental Bond Processes  

• Commercial bond loans – if a tenant or resident obtains a bond loan from a commercial lender, their agreed share of the bond will be directly refunded to the tenant. • Bond for rooming accommodation / boarders and lodgers – if you take a bond for a room in a premises, where the owner lives onsite and there are three or less rooms for rent (including student accommodation), then you must lodge the bond with the RTA within 10 days. The Act still does not cover this type of living arrangement or agreement unless it is a bond-related matter. 
• Bond disputes – if a bond dispute is dismissed or withdrawn at Queensland Civil and Administrative Tribunal (QCAT), the RTA can release the bond as per the original request. Regulations and enforcement 
• Establish new regulations – three new Heads of Power (regulations) will be established to oversee the development and implementation of (1) a new portable bond scheme (2) rental sector code of conduct and (3) applications to make modifications for safety, security or accessibility. Keep an eye on the RTA’s website for notice when these new regulations and requirements come into effect.  
• Information sharing – the RTA will have the ability to share information with other regulatory bodies including the Office of Fair Trading.  
• Providing false and misleading information – expanded to include ‘the authority’ (RTA) and penalty provisions apply.  
• Greater enforcement – new offence provisions allow the RTA to take greater enforcement actions to uphold compliance with the Residential Tenancies and Rooming Accommodation Act 2008. As a managing party, it is your responsibility to familiarise yourself with the new laws and to understand and meet any new or additional requirements and obligations. Other changes 
• Ending tenancies – there are new grounds to end a short tenancy for moveable dwellings due to the end of the agreed short tenancy period. There is also greater clarity on ending tenancies when a community title scheme (that is, a body corporate for units or townhouses) is terminated and changes to terminology with regards to ending a tenancy due to student entitlement. 
• Goods left behind – managing parties must now make reasonable efforts to contact former tenants or residents, using several specified communications methods to advise them of their goods left behind. There is also a revised process for the sale or disposal of goods where former tenants or residents are not contactable. 
• Other – in general, some terminology and minor amendments have changed and while some penalty provisions have been added, others have been increased.  

Ongoing rental reforms

Ongoing rental reforms are occurring across five key areas including:

• installing modifications
• making personalisation changes
• balancing privacy and access
• amending the rental bond process
• addressing fees and charges.