Key Insights on Tenancy Law Changes

Welcome and thank you for watching today's RTA webinar on Questions Answered, which is our fourth webinar in the new series on the tenancy law changes. My name is Lynne Smith from the education team at the RTA and today I'm also joined by my colleague Mark Fidler. Morning Lynne, thanks very much for having me along. Before we start we'd like to acknowledge the traditional owners on the land on which we are meeting today and where you are as well. and pay my respects to our elders past, present and emerging. Today is very much a quick review of the Ternsie changes as we focus on the questions Mark and I have received over the past few months either through our face-to-face presentations, our online meetings with various stakeholders or through our webinar series. To start this is a review of how we got here. So after the initial consultation and feedback from the rental sector The Housing Legislation Amendment Act was passed in October 2021, with the new tenancy laws being implemented in stages as you see on your screen. Today we are focusing on the questions asked around the 1 October 2022 changes, which is the PETS, ending tenancies, repair orders and other amendments. The RTA has released a lot of resources on the changes and you can find more detailed information through the link that you see on your screen now. Please visit the RTA's website at rta.qld.gov.au. If you haven't already checked out these resources please do so as this will give some more clarification around the changes. Before we do start Mark and I are not here to provide legal advice and as always the Residential Tenancies and Room Accommodation Act and regulations outline the rights and responsibilities and processes for both owners, managers and tenants and you can also seek your own independent legal advice. So we are going to start with the framework for negotiating renting with a pet. So some of the questions for the pets have been around the process and how that works. So this slide is outlining the process from when the tenant needs to apply and needs to use the new form, the request to keep a pet form 21, which is available on the RTA's website. We would encourage tenants to ensure that they have as much detail as possible and include a photo of the pet to help the owner make that informed decision. Owners do need to respond within 14 days with either an approval or refusal. If approved the owner could put conditions as part of the approval which the tenant would need to agree to. If there's no response within 14 days from the owner or the manager then the pet is deemed to be approved. But let's have a look at the steps now. What happens if an owner or manager refuses and the tenant does not agree with the reason that they have provided? The first step is self-resolution. So both the tenant and the owner or the manager should speak with each other and try and resolve the matter between themselves. Once parties speak with each other, there could be more information shared and a better understanding for both the tenant and the owner or the manager. So there is tips. on self-resolution and that can be found on the RTA's website. If that's not successful then the tenant can apply to the RTA's dispute resolution service and go through conciliation. If it's still if it is resolved then a conciliation agreement is signed by all parties. If it's unresolved then the tenant would need to apply to the tribunal. This would be a non-urgent application and time frames do vary at QCAT. So welcome back Mark. How much information needs to be supplied about the pet? Thanks, Lynne, for having me back. Tenants are encouraged to provide as much detail as possible. Now, the Form 21 that we have produced has a lot of questions on it and a lot of tick boxes and those sorts of things. So we'd encourage the tenant to provide and fill out as much of that information as they can. Photos would be beneficial as well. So things like the size of the pet, the type of pet, whether it's a cat or a dog, the breed and those sorts of things. So the form does allow, as I said, for the tenant to put a lot of information in. But if they have additional information, it might be a certificate from puppy school, for example, or it might be a vet certificate to show that it's been desexed or whatever the circumstances might be. So we would encourage them to provide as much information in those circumstances as they can. And the next question is what happens if the pet causes a nuisance or damage? and then during the term of the tenancy? So the changes to the legislation around this are pretty clear. Firstly, damage by the pet is not considered to be fair wear and tear, so it would be the lessor's responsibility in that situation. And also, if the pet owned by the tenant is causing a nuisance, so barking or digging under fences or anything like that and interfering with the peace, comfort and privacy of a neighbour, again, the tenant is responsible in those circumstances. Now, if an owner has allergies and they intend to move back into the property in the future, can they say no to a pet? So I'm going to assume this could be like a cat or a dog with fur. Yeah. So if the owner has concerns and they are aware that they're going to come back into the property at that stage, then the refusal reason could well fall into the health requirement in this circumstance. It would probably be up to the owner in that situation to demonstrate or have evidence to be able to show the tenant as to their reason in those circumstances. Yeah. Now, we do know that one of the popular questions that we have been asked throughout the last few months is, is that companion dog classed as a working dog? And does the tenant need to provide a certificate? Now, Mark, I might just get you to clarify what a working dog is. and versus a companion dog? Yeah, so the changes make specific reference to a working dog not being required to go through this process. Now there's three acts that the working dog is covered under. One is the Police Powers Act. The other one is the Correctional Services Act. And the last is the Assistance and Guide Dog Legislation. So those three pieces of legislation set out what a working dog is and describe what a working dog is. Outside of those descriptions, a companion dog or a companion pet, doesn't necessarily need to be a dog, would need to go through the approval process. Now, we certainly understand that some tenants that need or require a companion animal may have some medical reason for that purpose. So in the approval process or in the request process, we'd encourage them to be providing as much information as they can. And that might be, again, certification around. what the animal assists with or a medical certificate to show that they're required to have that but certainly they would need to go through the approval process in this situation. Now if a property is not suitable for a pet because there's no fence what happens if the animal wants to put up a fence? Well if the tenant wants to put up a fence as opposed to the animal. Now if a property is not suitable for a pet and there's no fence, what happens if the tenant wants to put up the fence? So in that situation, we'd look at a slightly different section of our legislation that talks about the adding of fixtures and fittings. So the tenant would be able to request to add the fence to the property and the owner would then have the ability to either agree or disagree. Now, part of them agreeing might be stating that the tenant either needs to leave the fence there at the end of the tenancy, or it may be that they need to return the property to the same way and so therefore remove the fence. But if they do go through that process with the owner, they need to ensure that the agreement is documented and everything's in writing so both parties understand where they're at with that. Now, what happens if a body corporate doesn't respond in 14 days? Now, what we do know is that the body corporate do have different rules compared to the Residential Tenancies and Room Accommodation Act. So if a tenant is requiring permission to have a pet, they will need to have permission from the owner as well as the body corporate. Now, a body corporate is usually with bylaws, particularly if you're looking at renting into an apartment or a townhouse complex. So again, when it comes down to this, we do have a webinar. recording that we have done in collaboration with the body corporate commissioner's office to outline the two separate processes but I guess the main thing here is that if the body corporate doesn't respond in 14 days the owner is probably going to have to say no and then wait for the body corporate to approve before the pet can actually go onto the property. Yep. Just clarification here you cannot ask for a pet bond. That's correct. So if the owner or manager does approve a pet, they can't ask for a pet bond, nor can they increase the rent as a part of the process or part of the approval to allow the tenant to have a pet. Now, does a fish or a bird require permission? And obviously the bird part probably is quite easy to answer, but what about a fish requiring permission? So in both situations, the process would need to be followed. The pet approval form would need to be submitted. Now, we appreciate that a fish might be just something as simple as on a bowl on the kitchen bench, but... Ultimately, or technically, that still needs to go through the approval process and all of the information provided. It's probably not unreasonable to consider that the bowl on the bench could soon turn into a large tank with filters and all of those sorts of things. So it would be expected that the process is followed in those circumstances, yeah. And can I advertise the property as no pets? Now, we know that these new rules are in relation to existing tenancies because the RTA doesn't obviously cover the application process. But over to you, Mark. Can an owner advertise with no pets? Technically, they can advertise as no pets, Lynne. But really, if they do and the tenant is approved to take the property and they move in, they're still entitled to go through this pet approval process. So they decide they want to have a pet, they would put the application in. Now the owner, even though they'd stated no pets in the advertisement, they would still need to have one of the legislated reasons for denying the tenant to have that pet. So in those circumstances, yes, they can, but it won't stop the tenant from using this process to request a pet. regardless. Okay as I mentioned before we do get a lot of questions on the body corporate approval process versus the tenancy law processes so we do have a resource on our website and we welcome you if you rent or own in an apartment or townhouse or unit complex that have body corporate and bylaws please have a look at that resource for more information. Now let's have a look at the ending of a tenancy. So just to quickly summarise the new grounds that have been introduced to end a tenancy. The without grounds provision has been removed, however new additional grounds for owners and managers have been added and they include what you see on your screen. So the end of a fixed term, undertaking significant repairs, renovations, change of views or the owner moving back in or preparing to sell the property or that the property's been sold or the property is required by state government program. Now for tenants additional grounds also include if the property is not in good repair, the death of a co-tenant or if the resident is no longer a student and that applies for student accommodation or the owner does not comply with repair order or there's misrepresentation by the owner or the manager. So again we have more in-depth details on these grounds and you can find them on the RTA's website or our previous webinar on the ending of a tenancy. Now for owners and managers you cannot re-let the premises for six months after the tenancy has ended for either a change of use, so this is potentially looking at the property going into maybe like short stay accommodation or holiday lets, the property is being sold or owner occupation. So the owner does need to provide reasonable evidence as why this did not occur should there be a complaint with our compliance and enforcement team. Remember there are penalty provisions that do apply for providing false and misleading information as well as if you do relit the property under that six month time frame. Okay Mark getting you to come back and we'll have a look at some of the popular questions that we have. been asked and that is if I gave a notice to leave without rounds prior to 1 October and it expires mid-December 2022 is that still valid? It certainly is so if a process started prior to the 1st of October the transitional arrangements allow the process to continue so as long as the correct time frame was provided on the notice to leave then the notice remains valid. Can you issue a notice to leave at the same time you have a lease signed? Now, this has been a very popular question as well that we've been asked. Yeah, the RTA's position on this is that this is not an unlawful practice. However, it's probably not in the spirit of the policy behind the legislation changes. And what evidence is required if you are selling a property or the owner or their relative is moving in or there is a change of use? And now this obviously is putting it back to that six month timeframe. Yeah. So when you're looking at evidence around those particular things, we'd recommend an owner would provide or have a copy of the sale appointment, for example, if they're looking to sell the property. If the relative is moving in, they might have an electricity account in the name of the relative that once the tenants or once that situation starts, they might have a moving invoice even to show that they've moved in. Change of use. there might be promotion of the short stay, so an add-on, one of the short stay accommodation places or something along those lines. We would recommend that owners or managers have evidence and ensure that they keep a copy of that evidence, especially if there is a complaint made down the track. Now, if I end the tenancy due to significant repairs, does a six-month time frame to not relet apply? No, this is one of the changed grounds to end a tenancy that the six-month time frame doesn't apply. The thing that is significant in repairs is that what is considered to be significant is any repair or maintenance that needs to be done that the tenant can't or where the tenant can't remain safely in the property while the work occurs. So you would issue the notice to end, complete the repairs, and then once they're completed, you're within your rights to relit. the property as soon as you're able to. Great. Now, to end a lease due to the end of a fixed term, does the two months notice need to be issued exactly two months before the last date of the lease? No, it doesn't. So that two months notice ending, for example, for ending a fixed term agreement, that can be issued any time up to the day before the end of the fixed term date. And that will be a valid notice and the tenant will be expected to leave at the end of the notice period. And what if there's a breach? Has anything changed with the new laws? Now, we know that the breach process is still the breach process, whether it's a general breach or rent arrears. Over to you, Mark. Yeah. So in regards to breaches, nothing has changed. So the legislation still provides for you to be able to issue that breach and then issue the notice to leave if the tenant. for example, doesn't remit a breach. So no changes there. And what is an example of misrepresentation to end the tenancy? So this is one of the new grounds that's being put through for a tenant to be able to end the tenancy. Yeah, so what we see occasionally or from time to time is where the tenant and the owner will sign a tenancy agreement and a part of the special terms in there might be that the owner is going to install an air conditioner. or maybe put some security screens in or repair or put up a fence or something along those lines within a certain period of time after the tenancy starts. Now if that doesn't occur, then the tenant is able to end the tenancy due to misrepresentation. Now this does need to occur within three months of the start of the tenancy agreement. Now, if a property does not sell within three months, can the owner re-let it? So again, this is coming back to that six-month timeframe that if a property is to be sold, that the new legislation changes says that it cannot be re-let for a six-month period. Yeah, so the legislation is quite clear, as you said, around that six-month period. But it also does allow for situations where, for example, the owner puts the property on the market. they may not get any suitable offers within a period of time. So they may take it off the market. And in that situation, if they've got the evidence to show that it went on the market, that they didn't get any suitable offers, then they may have a defence to the offence of re-letting it within six months. The other situation may be, for example, that they do sign a contract and before that contract is completed, it falls through. So in those situations, they may put property back into the rental market within the six-month period, and that would be a reasonable defence or possibly be a reasonable defence to them not having committed an offence in that situation. So what evidence is required if a co-tenant dies? And obviously this is one of those sensitive situations. Yeah, it is. And obviously in the circumstances where this does occur, the remaining tenant does have the opportunity to end the tenancy if it's not okay or reasonable for them to remain in the property. So in order to provide evidence, they may look at... providing legal documents in regards to the person's passing. They may even look at information coming from the next of kin or the executive of the estate. So it is a sensitive situation, as you said. So it's best for both tenant and the owner manager to speak with each other through that process and deal with it as sensitively as they can. Now, if a student wishes to leave earlier than the end of their fixed term, can they be charged a lease break? So if the accommodation is for generally for the purposes of student accommodation and the resident is no longer a student, then they can give one month's notice and end their tenancy. Now in these circumstances, there would not be any penalties or a lease break. So as long as they follow the requirements. then, and they were a student as defined under the Social Security Act, then in that situation, they can end the tenancy and there'd be no penalty. So if the tenant doesn't follow those processes though, or requirements, then potentially they may be looking at penalties or release break in that situation. Yeah. And just to add to that too, that obviously for this particular section to apply to be released, if they're not a student. is for that the accommodation is primarily used for student accommodation. Yep, absolutely. Now, the RTA has updated our forms and we do encourage you to make sure that you are always using the latest forms. So you will see a tick box on the new forms on how a tenancy ends. So that's the forms 12 and 13 and also too with the refund form. This is now a two-page document and will require both pages to be completed and we do again encourage also that last section to be completed as to how the tenancy has ended. So the next part we're going to look at is repair orders and the other amendments. So just to quickly summarise the process on emergency repairs and routine repairs. Both these repairs do require the tenant to notify the owner or the manager of the repair. However, if we look at the first part, which is the routine repairs, if the repair is not done or the breach is not rectified, the first next step is to apply to the RTA's dispute resolution service. And if it's not resolved, then apply to the tribunal. So the repair order for routine repair is a non-urgent matter. But for emergency repairs, again, if the manager owner has not responded or organised the repair or their nominated repairer. the option available is for the tenant to organise the repair themselves and seek reimbursement or they could apply to the tribunal for on an urgent application and that does not require them to come through dispute resolution it's a straight application to the tribunal. Remember too with the new laws that with emergency repairs a tenant can spend up to the equivalent of four weeks rent to have the repair done and seek reimbursement from the owner or the manager. And also too, that it's always important to make sure that you do put that nominated repairer on the agreement to make sure that the tenant knows who to contact. So the repair order, if a repair order comes from the tribunal, it is attached to the rental property, not the tenancy. And again, if there's a change of tenants, a new agent or the property has been sold to a new owner. then the order will continue to apply until it's been addressed. There's a new section in there that also talks about changes state that the owner or the manager must disclose a repair order to the tenant. So the new tenancy agreements now have a section to be completed for this and also too don't forget the changes in the time frame for the entry condition report. So the tenant now has seven days to complete and sign that report. and return a copy to their manager or owner. Now, Mark, coming back in here for our first question on repair orders, what if the owner cannot do the repair order within the timeframe QCAT has ordered? Yeah, so if for whatever reason they're suffering hardship or there's a difficulty getting tradespeople or something along those lines, then they can apply for an extension of time to get that repair order completed. The key to this is that they must make the application to the tribunal. before the expiration date of the original order. And can a tenant issue a breach notice for repairs? Now, what we do know is that most people ask for like an email about repair or could even make a phone call or might have a maintenance request or portal. But a tenant can issue a breach notice as well? They certainly can issue a breach notice. We would encourage them to... take one of those other options as the first step and talk to the landlord but there's nothing preventing the tenant from issuing a breach notice in that situation. And one of the questions we're often asked in our call centre as well as the events has been what's a reasonable time frame to have repairs done? It's one of those reasonable words. Yes reasonable what a great word it comes down to the type of repair really the legislation doesn't set a time frame but really you need to take a common sense approach. So an emergency repair, so a burst pipe or something like that, or a hot water system that's broken will be different to potentially the toilet roll holder falling off the toilet wall. So a common sense approach in that situation. And the other thing that we are aware of at the moment is that it can take time to get tradespeople. So we do recommend... owners or managers are talking with the tenant and communicating and let them know that there's going to be delays or when things are happening. Now, can the tribunal order the tenancy ends if the repairs are not done? Yeah, they can. So if it gets to the tribunal and the repair order is issued, there's a number of different orders that they can make. One of those could be that the tenancy ends if the repairs aren't done. within the required timeframe. They may also order that the property remain vacant until the repair is done. So yeah, they certainly can end the tenancy in those circumstances. Now, what happens if the tenant doesn't return the entry condition report in seven days? And this is probably still the same issue as whether it was the previous three days, but this is the tenant's responsibility to also complete their portion of the entry condition report. They certainly are. And one thing here, the owner or the agent must fill out the report, sign it and give a copy to the tenant. Now, obviously, we would encourage the owner and agent to make sure that they have a copy of that report. If the tenant doesn't return it within seven days, then the original copy of the report is still evidence to show how the property was given to the tenant at the start. Some managers or owners might choose with the extended timeframe now to do a follow-up to ensure that the tenant is aware. But ultimately, if the report isn't returned signed by the tenant, the original copy that the owner or agent provided will stand in regards to any evidence or dispute at the end of the tenancy. Now, if a nominator repair is on the lease, can we just put our agency details instead? So this is one of the questions that have been quite popular. from the real estate sector. And we now know we've seen the new agreement, so it does allow for details on who a tenant needs to contact. Yeah, so there is a requirement now for something to be put in there. We would encourage agents to probably provide a nominated repairer, but there's nothing preventing them putting their own details in there. The key to this really is, Lynne, that the tenant has someone to be able to contact and that that person either can do the repairs or at least arrange the repairs now we know that certainly in emergency repair situations hot waters and burst pipes and those sorts of things don't generally occur within you know office hours so the main key here is that the tenant is able to contact someone because their first step in this process is contacting and advising that the repair needs to be done. So as long as the details enable the tenant to contact someone and get the repairs arranged, then they're meeting their obligations in regards to that. And also to keep in mind too the legislation does outline what an emergency repair is under our legislation so it's not that someone's going to go after hours and get a plumber for like a you know a drippy tap or something like that if it's not listed as what an emergency repair is. That's correct. So just clarification here the emergency repair cost has increased to four weeks rent equivalent And the answer to that is yes. Certainly has gone from two weeks to four weeks. That's correct. And the real estate agency management form, do we have to update it? For this one, I'm just going to let you know that the RTA does not cover the contractual arrangements that's in place between an agent's office or property manager's office and the landlord client. So the agents will need to make sure that you do... comply with the Office of Fair Trading requirements. And that may be that you need to update the form or put in an extra or get an agreement with your landlord client. However, it is best to seek your own independent advice and just make sure that you do comply, not just our legislation, but the Office of Fair Trading legislation as well. So the RTA has a lot of resources available, including podcasts and webinars. And if you haven't signed up, for our RTA e-news, we do encourage you to do so. So this is a way to keep up to date with the latest news from the RTA and also invitations to our upcoming webinars. So thanks for your time in joining me today, Mark. Thanks very much for having me along, Lynne. It's been a pleasure to do these webinars over the last few months. So please visit the RTA's website for bond or tenancy information at rta.qld.gov.au. or contact our friendly call centre staff on 1300 366 311. Thank you for your time in watching today and please check out our past webinars or we hope that you'll join us online soon for one of our upcoming webinars. The webinar will now end. Thank you.

Before we start we'd like to acknowledge the traditional owners on the land on which we are meeting today and where you are as well. and pay my respects to our elders past, present and emerging. Today is very much a quick review of the Ternsie changes as we focus on the questions Mark and I have received over the past few months either through our face-to-face presentations, our online meetings with various stakeholders or through our webinar series. To start this is a review of how we got here. So after the initial consultation and feedback from the rental sector The Housing Legislation Amendment Act was passed in October 2021, with the new tenancy laws being implemented in stages as you see on your screen.

Today we are focusing on the questions asked around the 1 October 2022 changes, which is the PETS, ending tenancies, repair orders and other amendments. The RTA has released a lot of resources on the changes and you can find more detailed information through the link that you see on your screen now. Please visit the RTA's website at rta.qld.gov.au.

If you haven't already checked out these resources please do so as this will give some more clarification around the changes. Before we do start Mark and I are not here to provide legal advice and as always the Residential Tenancies and Room Accommodation Act and regulations outline the rights and responsibilities and processes for both owners, managers and tenants and you can also seek your own independent legal advice. So we are going to start with the framework for negotiating renting with a pet. So some of the questions for the pets have been around the process and how that works.

So this slide is outlining the process from when the tenant needs to apply and needs to use the new form, the request to keep a pet form 21, which is available on the RTA's website. We would encourage tenants to ensure that they have as much detail as possible and include a photo of the pet to help the owner make that informed decision. Owners do need to respond within 14 days with either an approval or refusal.

If approved the owner could put conditions as part of the approval which the tenant would need to agree to. If there's no response within 14 days from the owner or the manager then the pet is deemed to be approved. But let's have a look at the steps now.

What happens if an owner or manager refuses and the tenant does not agree with the reason that they have provided? The first step is self-resolution. So both the tenant and the owner or the manager should speak with each other and try and resolve the matter between themselves. Once parties speak with each other, there could be more information shared and a better understanding for both the tenant and the owner or the manager.

So there is tips. on self-resolution and that can be found on the RTA's website. If that's not successful then the tenant can apply to the RTA's dispute resolution service and go through conciliation.

If it's still if it is resolved then a conciliation agreement is signed by all parties. If it's unresolved then the tenant would need to apply to the tribunal. This would be a non-urgent application and time frames do vary at QCAT. So welcome back Mark.

How much information needs to be supplied about the pet? Thanks, Lynne, for having me back. Tenants are encouraged to provide as much detail as possible.

Now, the Form 21 that we have produced has a lot of questions on it and a lot of tick boxes and those sorts of things. So we'd encourage the tenant to provide and fill out as much of that information as they can. Photos would be beneficial as well.

So things like the size of the pet, the type of pet, whether it's a cat or a dog, the breed and those sorts of things. So the form does allow, as I said, for the tenant to put a lot of information in. But if they have additional information, it might be a certificate from puppy school, for example, or it might be a vet certificate to show that it's been desexed or whatever the circumstances might be. So we would encourage them to provide as much information in those circumstances as they can. And the next question is what happens if the pet causes a nuisance or damage?

and then during the term of the tenancy? So the changes to the legislation around this are pretty clear. Firstly, damage by the pet is not considered to be fair wear and tear, so it would be the lessor's responsibility in that situation. And also, if the pet owned by the tenant is causing a nuisance, so barking or digging under fences or anything like that and interfering with the peace, comfort and privacy of a neighbour, again, the tenant is responsible in those circumstances. Now, if an owner has allergies and they intend to move back into the property in the future, can they say no to a pet?

So I'm going to assume this could be like a cat or a dog with fur. Yeah. So if the owner has concerns and they are aware that they're going to come back into the property at that stage, then the refusal reason could well fall into the health requirement in this circumstance. It would probably be up to the owner in that situation to demonstrate or have evidence to be able to show the tenant as to their reason in those circumstances. Yeah.

Now, we do know that one of the popular questions that we have been asked throughout the last few months is, is that companion dog classed as a working dog? And does the tenant need to provide a certificate? Now, Mark, I might just get you to clarify what a working dog is. and versus a companion dog?

Yeah, so the changes make specific reference to a working dog not being required to go through this process. Now there's three acts that the working dog is covered under. One is the Police Powers Act. The other one is the Correctional Services Act. And the last is the Assistance and Guide Dog Legislation.

So those three pieces of legislation set out what a working dog is and describe what a working dog is. Outside of those descriptions, a companion dog or a companion pet, doesn't necessarily need to be a dog, would need to go through the approval process. Now, we certainly understand that some tenants that need or require a companion animal may have some medical reason for that purpose. So in the approval process or in the request process, we'd encourage them to be providing as much information as they can.

And that might be, again, certification around. what the animal assists with or a medical certificate to show that they're required to have that but certainly they would need to go through the approval process in this situation. Now if a property is not suitable for a pet because there's no fence what happens if the animal wants to put up a fence? Well if the tenant wants to put up a fence as opposed to the animal.

Now if a property is not suitable for a pet and there's no fence, what happens if the tenant wants to put up the fence? So in that situation, we'd look at a slightly different section of our legislation that talks about the adding of fixtures and fittings. So the tenant would be able to request to add the fence to the property and the owner would then have the ability to either agree or disagree. Now, part of them agreeing might be stating that the tenant either needs to leave the fence there at the end of the tenancy, or it may be that they need to return the property to the same way and so therefore remove the fence. But if they do go through that process with the owner, they need to ensure that the agreement is documented and everything's in writing so both parties understand where they're at with that.

Now, what happens if a body corporate doesn't respond in 14 days? Now, what we do know is that the body corporate do have different rules compared to the Residential Tenancies and Room Accommodation Act. So if a tenant is requiring permission to have a pet, they will need to have permission from the owner as well as the body corporate.

Now, a body corporate is usually with bylaws, particularly if you're looking at renting into an apartment or a townhouse complex. So again, when it comes down to this, we do have a webinar. recording that we have done in collaboration with the body corporate commissioner's office to outline the two separate processes but I guess the main thing here is that if the body corporate doesn't respond in 14 days the owner is probably going to have to say no and then wait for the body corporate to approve before the pet can actually go onto the property.

Yep. Just clarification here you cannot ask for a pet bond. That's correct.

So if the owner or manager does approve a pet, they can't ask for a pet bond, nor can they increase the rent as a part of the process or part of the approval to allow the tenant to have a pet. Now, does a fish or a bird require permission? And obviously the bird part probably is quite easy to answer, but what about a fish requiring permission? So in both situations, the process would need to be followed.

The pet approval form would need to be submitted. Now, we appreciate that a fish might be just something as simple as on a bowl on the kitchen bench, but... Ultimately, or technically, that still needs to go through the approval process and all of the information provided. It's probably not unreasonable to consider that the bowl on the bench could soon turn into a large tank with filters and all of those sorts of things.

So it would be expected that the process is followed in those circumstances, yeah. And can I advertise the property as no pets? Now, we know that these new rules are in relation to existing tenancies because the RTA doesn't obviously cover the application process. But over to you, Mark. Can an owner advertise with no pets?

Technically, they can advertise as no pets, Lynne. But really, if they do and the tenant is approved to take the property and they move in, they're still entitled to go through this pet approval process. So they decide they want to have a pet, they would put the application in. Now the owner, even though they'd stated no pets in the advertisement, they would still need to have one of the legislated reasons for denying the tenant to have that pet.

So in those circumstances, yes, they can, but it won't stop the tenant from using this process to request a pet. regardless. Okay as I mentioned before we do get a lot of questions on the body corporate approval process versus the tenancy law processes so we do have a resource on our website and we welcome you if you rent or own in an apartment or townhouse or unit complex that have body corporate and bylaws please have a look at that resource for more information. Now let's have a look at the ending of a tenancy.

So just to quickly summarise the new grounds that have been introduced to end a tenancy. The without grounds provision has been removed, however new additional grounds for owners and managers have been added and they include what you see on your screen. So the end of a fixed term, undertaking significant repairs, renovations, change of views or the owner moving back in or preparing to sell the property or that the property's been sold or the property is required by state government program.

Now for tenants additional grounds also include if the property is not in good repair, the death of a co-tenant or if the resident is no longer a student and that applies for student accommodation or the owner does not comply with repair order or there's misrepresentation by the owner or the manager. So again we have more in-depth details on these grounds and you can find them on the RTA's website or our previous webinar on the ending of a tenancy. Now for owners and managers you cannot re-let the premises for six months after the tenancy has ended for either a change of use, so this is potentially looking at the property going into maybe like short stay accommodation or holiday lets, the property is being sold or owner occupation.

So the owner does need to provide reasonable evidence as why this did not occur should there be a complaint with our compliance and enforcement team. Remember there are penalty provisions that do apply for providing false and misleading information as well as if you do relit the property under that six month time frame. Okay Mark getting you to come back and we'll have a look at some of the popular questions that we have.

been asked and that is if I gave a notice to leave without rounds prior to 1 October and it expires mid-December 2022 is that still valid? It certainly is so if a process started prior to the 1st of October the transitional arrangements allow the process to continue so as long as the correct time frame was provided on the notice to leave then the notice remains valid. Can you issue a notice to leave at the same time you have a lease signed?

Now, this has been a very popular question as well that we've been asked. Yeah, the RTA's position on this is that this is not an unlawful practice. However, it's probably not in the spirit of the policy behind the legislation changes.

And what evidence is required if you are selling a property or the owner or their relative is moving in or there is a change of use? And now this obviously is putting it back to that six month timeframe. Yeah. So when you're looking at evidence around those particular things, we'd recommend an owner would provide or have a copy of the sale appointment, for example, if they're looking to sell the property.

If the relative is moving in, they might have an electricity account in the name of the relative that once the tenants or once that situation starts, they might have a moving invoice even to show that they've moved in. Change of use. there might be promotion of the short stay, so an add-on, one of the short stay accommodation places or something along those lines.

We would recommend that owners or managers have evidence and ensure that they keep a copy of that evidence, especially if there is a complaint made down the track. Now, if I end the tenancy due to significant repairs, does a six-month time frame to not relet apply? No, this is one of the changed grounds to end a tenancy that the six-month time frame doesn't apply.

The thing that is significant in repairs is that what is considered to be significant is any repair or maintenance that needs to be done that the tenant can't or where the tenant can't remain safely in the property while the work occurs. So you would issue the notice to end, complete the repairs, and then once they're completed, you're within your rights to relit. the property as soon as you're able to.

Great. Now, to end a lease due to the end of a fixed term, does the two months notice need to be issued exactly two months before the last date of the lease? No, it doesn't. So that two months notice ending, for example, for ending a fixed term agreement, that can be issued any time up to the day before the end of the fixed term date.

And that will be a valid notice and the tenant will be expected to leave at the end of the notice period. And what if there's a breach? Has anything changed with the new laws? Now, we know that the breach process is still the breach process, whether it's a general breach or rent arrears.

Over to you, Mark. Yeah. So in regards to breaches, nothing has changed.

So the legislation still provides for you to be able to issue that breach and then issue the notice to leave if the tenant. for example, doesn't remit a breach. So no changes there.

And what is an example of misrepresentation to end the tenancy? So this is one of the new grounds that's being put through for a tenant to be able to end the tenancy. Yeah, so what we see occasionally or from time to time is where the tenant and the owner will sign a tenancy agreement and a part of the special terms in there might be that the owner is going to install an air conditioner. or maybe put some security screens in or repair or put up a fence or something along those lines within a certain period of time after the tenancy starts.

Now if that doesn't occur, then the tenant is able to end the tenancy due to misrepresentation. Now this does need to occur within three months of the start of the tenancy agreement. Now, if a property does not sell within three months, can the owner re-let it? So again, this is coming back to that six-month timeframe that if a property is to be sold, that the new legislation changes says that it cannot be re-let for a six-month period.

Yeah, so the legislation is quite clear, as you said, around that six-month period. But it also does allow for situations where, for example, the owner puts the property on the market. they may not get any suitable offers within a period of time.

So they may take it off the market. And in that situation, if they've got the evidence to show that it went on the market, that they didn't get any suitable offers, then they may have a defence to the offence of re-letting it within six months. The other situation may be, for example, that they do sign a contract and before that contract is completed, it falls through.

So in those situations, they may put property back into the rental market within the six-month period, and that would be a reasonable defence or possibly be a reasonable defence to them not having committed an offence in that situation. So what evidence is required if a co-tenant dies? And obviously this is one of those sensitive situations.

Yeah, it is. And obviously in the circumstances where this does occur, the remaining tenant does have the opportunity to end the tenancy if it's not okay or reasonable for them to remain in the property. So in order to provide evidence, they may look at... providing legal documents in regards to the person's passing. They may even look at information coming from the next of kin or the executive of the estate.

So it is a sensitive situation, as you said. So it's best for both tenant and the owner manager to speak with each other through that process and deal with it as sensitively as they can. Now, if a student wishes to leave earlier than the end of their fixed term, can they be charged a lease break? So if the accommodation is for generally for the purposes of student accommodation and the resident is no longer a student, then they can give one month's notice and end their tenancy. Now in these circumstances, there would not be any penalties or a lease break.

So as long as they follow the requirements. then, and they were a student as defined under the Social Security Act, then in that situation, they can end the tenancy and there'd be no penalty. So if the tenant doesn't follow those processes though, or requirements, then potentially they may be looking at penalties or release break in that situation.

Yeah. And just to add to that too, that obviously for this particular section to apply to be released, if they're not a student. is for that the accommodation is primarily used for student accommodation. Yep, absolutely. Now, the RTA has updated our forms and we do encourage you to make sure that you are always using the latest forms.

So you will see a tick box on the new forms on how a tenancy ends. So that's the forms 12 and 13 and also too with the refund form. This is now a two-page document and will require both pages to be completed and we do again encourage also that last section to be completed as to how the tenancy has ended. So the next part we're going to look at is repair orders and the other amendments.

So just to quickly summarise the process on emergency repairs and routine repairs. Both these repairs do require the tenant to notify the owner or the manager of the repair. However, if we look at the first part, which is the routine repairs, if the repair is not done or the breach is not rectified, the first next step is to apply to the RTA's dispute resolution service.

And if it's not resolved, then apply to the tribunal. So the repair order for routine repair is a non-urgent matter. But for emergency repairs, again, if the manager owner has not responded or organised the repair or their nominated repairer. the option available is for the tenant to organise the repair themselves and seek reimbursement or they could apply to the tribunal for on an urgent application and that does not require them to come through dispute resolution it's a straight application to the tribunal.

Remember too with the new laws that with emergency repairs a tenant can spend up to the equivalent of four weeks rent to have the repair done and seek reimbursement from the owner or the manager. And also too, that it's always important to make sure that you do put that nominated repairer on the agreement to make sure that the tenant knows who to contact. So the repair order, if a repair order comes from the tribunal, it is attached to the rental property, not the tenancy.

And again, if there's a change of tenants, a new agent or the property has been sold to a new owner. then the order will continue to apply until it's been addressed. There's a new section in there that also talks about changes state that the owner or the manager must disclose a repair order to the tenant.

So the new tenancy agreements now have a section to be completed for this and also too don't forget the changes in the time frame for the entry condition report. So the tenant now has seven days to complete and sign that report. and return a copy to their manager or owner. Now, Mark, coming back in here for our first question on repair orders, what if the owner cannot do the repair order within the timeframe QCAT has ordered?

Yeah, so if for whatever reason they're suffering hardship or there's a difficulty getting tradespeople or something along those lines, then they can apply for an extension of time to get that repair order completed. The key to this is that they must make the application to the tribunal. before the expiration date of the original order.

And can a tenant issue a breach notice for repairs? Now, what we do know is that most people ask for like an email about repair or could even make a phone call or might have a maintenance request or portal. But a tenant can issue a breach notice as well? They certainly can issue a breach notice. We would encourage them to...

take one of those other options as the first step and talk to the landlord but there's nothing preventing the tenant from issuing a breach notice in that situation. And one of the questions we're often asked in our call centre as well as the events has been what's a reasonable time frame to have repairs done? It's one of those reasonable words. Yes reasonable what a great word it comes down to the type of repair really the legislation doesn't set a time frame but really you need to take a common sense approach. So an emergency repair, so a burst pipe or something like that, or a hot water system that's broken will be different to potentially the toilet roll holder falling off the toilet wall.

So a common sense approach in that situation. And the other thing that we are aware of at the moment is that it can take time to get tradespeople. So we do recommend... owners or managers are talking with the tenant and communicating and let them know that there's going to be delays or when things are happening. Now, can the tribunal order the tenancy ends if the repairs are not done?

Yeah, they can. So if it gets to the tribunal and the repair order is issued, there's a number of different orders that they can make. One of those could be that the tenancy ends if the repairs aren't done. within the required timeframe. They may also order that the property remain vacant until the repair is done.

So yeah, they certainly can end the tenancy in those circumstances. Now, what happens if the tenant doesn't return the entry condition report in seven days? And this is probably still the same issue as whether it was the previous three days, but this is the tenant's responsibility to also complete their portion of the entry condition report. They certainly are. And one thing here, the owner or the agent must fill out the report, sign it and give a copy to the tenant.

Now, obviously, we would encourage the owner and agent to make sure that they have a copy of that report. If the tenant doesn't return it within seven days, then the original copy of the report is still evidence to show how the property was given to the tenant at the start. Some managers or owners might choose with the extended timeframe now to do a follow-up to ensure that the tenant is aware.

But ultimately, if the report isn't returned signed by the tenant, the original copy that the owner or agent provided will stand in regards to any evidence or dispute at the end of the tenancy. Now, if a nominator repair is on the lease, can we just put our agency details instead? So this is one of the questions that have been quite popular.

from the real estate sector. And we now know we've seen the new agreement, so it does allow for details on who a tenant needs to contact. Yeah, so there is a requirement now for something to be put in there.

We would encourage agents to probably provide a nominated repairer, but there's nothing preventing them putting their own details in there. The key to this really is, Lynne, that the tenant has someone to be able to contact and that that person either can do the repairs or at least arrange the repairs now we know that certainly in emergency repair situations hot waters and burst pipes and those sorts of things don't generally occur within you know office hours so the main key here is that the tenant is able to contact someone because their first step in this process is contacting and advising that the repair needs to be done. So as long as the details enable the tenant to contact someone and get the repairs arranged, then they're meeting their obligations in regards to that. And also to keep in mind too the legislation does outline what an emergency repair is under our legislation so it's not that someone's going to go after hours and get a plumber for like a you know a drippy tap or something like that if it's not listed as what an emergency repair is.

That's correct. So just clarification here the emergency repair cost has increased to four weeks rent equivalent And the answer to that is yes. Certainly has gone from two weeks to four weeks.

That's correct. And the real estate agency management form, do we have to update it? For this one, I'm just going to let you know that the RTA does not cover the contractual arrangements that's in place between an agent's office or property manager's office and the landlord client. So the agents will need to make sure that you do...

comply with the Office of Fair Trading requirements. And that may be that you need to update the form or put in an extra or get an agreement with your landlord client. However, it is best to seek your own independent advice and just make sure that you do comply, not just our legislation, but the Office of Fair Trading legislation as well. So the RTA has a lot of resources available, including podcasts and webinars.

And if you haven't signed up, for our RTA e-news, we do encourage you to do so. So this is a way to keep up to date with the latest news from the RTA and also invitations to our upcoming webinars. So thanks for your time in joining me today, Mark.

Thanks very much for having me along, Lynne. It's been a pleasure to do these webinars over the last few months. So please visit the RTA's website for bond or tenancy information at rta.qld.gov.au.

or contact our friendly call centre staff on 1300 366 311. Thank you for your time in watching today and please check out our past webinars or we hope that you'll join us online soon for one of our upcoming webinars. The webinar will now end. Thank you.

Transcript for:Key Insights on Tenancy Law Changes

Transcript for:
Key Insights on Tenancy Law Changes