Home | Log in | Join Now! | Blog | Contact    Subscribe to the InvestEd Forum feed (new threads) via RSS
InvestEd :: Wealth Education for Australian Investors

New Qld residential tenancies legislation

 
LinkBack Thread Tools
Old 24-06-2009, 06:22 PM   #1
Team InvestEd
 
Posts: 1,153
Join Date: Jun 2005
New Qld residential tenancies legislation

The new Residential Tenancies and Rooming Accommodation Act 2008 (Qld) commences on 1 July 2009 and will repeal the existing Residential Tenancies Act 1994 and Rooming Services (Accommodation) Act 2002.

Relevantly for private landlords and managing agents:

Advertising

The new Act prohibits anyone advertising residential premises for lease unless a fixed rental amount is stated in the advertisement. Thus you will not be able to advertise "rent ranges" such as $400 to $450 and auction-style rent bidding will be prohibited.

If a landlord (or agent) does so, not only will it be an offence under the Act but the landlord will be prohibited from collecting a rental bond from the tenant! *ouch*

Also, if a bond is collected, the landlord will not be able to recover any amount of that rental bond during or at the end of the tenancy and it will also be a second offence under the Act! *double ouch*

But you are allowed to place a sign on or near the premises advertising the premises for lease without stating the rent on the sign.

Right to dispute significant changes

The new Act will give tenants a right to dispute any "unreasonable" changes upon the renewal of a tenancy agreement (ie. going from an existing tenancy agreement to a new tenancy agreement for the same property where at least one tenant is the same).

If the tenant considers that the significant change is unreasonable, the tenant may apply to a tribunal for an order within 30 days after the tenant enters into the new agreement.

The tribunal also has the power to amend the tenancy agreement and even reduce the rent.

Significant changes are defined to include a change to:
  • the special terms for the tenant agreement;
  • the rent amount and whether it must be paid weekly, fortnightly or monthly;
  • the way the rent must be paid;
  • any services supplied to the premises, other than water, for which the tenant must pay;
  • whether the tenant must pay for water supplied to the premises;
  • the number of occupants allowed to reside in the premises, if there is a limit on the number of occupants; or
  • whether pets are allowed.
Accordingly, landlords will have to be careful that there are no "unreasonable" changes made to a tenancy agreement when it is renewed. This doesn't prohibit rent increases but landlords will need to ensure that they can justify increasing the rent based upon market trends.

Cheers
N
__________________
Nigel


This is a general comment only and does not constitute advice. Before making legal or financial decisions you should seek advice from a professional adviser, who can take into account your specific circumstances and investment goals.
Nigel Ward is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Property Trusts or Residential Property? Norak Bastiat Managed Funds 7 23-09-2007 09:04 AM
Where to buy IPs in SE QLD? iiinvestor Real Estate 16 29-03-2007 02:10 AM
new residential property managed fund Nigel Ward Managed Funds 1 16-12-2005 10:04 PM
New Residential Tenancies Regulations & forms in Qld Nigel Ward Real Estate 3 19-09-2005 08:27 AM


All times are GMT +10. The time now is 05:50 PM.

Copyright © 2006 Investor Education Pty Ltd (ACN 114 677 226)
Site by Hampel Group