RTA Webinar on Domestic and Family Violence Provisions in Queensland's Tenancy Laws

Welcome and Introduction

• Presenter: Lynn Smith from the Communication and Education team
• Colleague: Lauren Thompson
• Acknowledgement: Traditional owners of the land

Importance of the Topic

• Domestic and family violence (DFV) provisions in Queensland's tenancy laws
• Education and awareness commitment by RTA
• The goal is to ensure the rental sector is informed
• Scenarios and considerations from all sides will be discussed
• No legal advice given, independent advice encouraged

Interactive Session

• Questions and comments via chat function
• End-of-presentation survey
• Polls to understand the audience

Poll Results

• Majority attendees are property managers or agents; some community housing support workers
• Geographical reach includes Southeast and North Queensland

Key Legislation Updates

Housing Legislation Amendment Act 2021

• Commencement: 20 October 2021
• Staged approach: DFV provisions started immediately
• Similar to previous COVID-19 emergency response regulations
• Other changes: Renting with pets, ending tenancy provisions, repair orders, minimum housing standards starting 1 October 2022 and next year
• Upcoming RTA education on new laws

DFV Provisions Overview

• Specifically for general tenancies and rooming accommodation
• Tenants experiencing DFV can end tenancy interest with 7 days' notice
• Must pay rent for the 7-day notice period
• Can request bond contribution refund
• Not liable for re-letting costs or DFV-caused damage
• Can change locks without owner's consent for safety (except for rooming accommodation)
• Property managers/owners must follow processes

Practical Steps for Vacating Tenant

1. Issue Notice of Ending Tenancy Interest (NETI) Form 20 to property manager/landlord
2. Provide relevant evidence (protection order, police notice, DFV report)
3. Document: Show to manager/owner or provide in writing
4. Property managers/owners must assess and act within 7 days, or apply to QCAT if disputing
5. Follow standard bond dispute procedures through RTA's dispute resolution service

Remaining Tenants Responsibilities

• Issued a Continuing Interest Notice within 7-14 days of the vacating tenant's departure
• Top-up rental bond
• Penalty provisions for non-compliance
• Confidently handling information

Practical Scenario: Vicki and Joe

• Vicki: Wants to end tenancy due to DFV from an outsider. Responsibilities include providing notice and paying 7-day rent
• Joe: Co-tenant unaware of Vicki’s situation, must decide to stay or leave, and responsible for rent, bills, damages
• Sarah (Property Manager): Must follow specific timelines, ensure Vicki's safety, handle damage and bond claims appropriately

Resources

• Forms available on RTA’s website
• New domestic and family violence flowcharts for tenancies and rooming accommodation
• Links provided in chat

Change of Locks

• Tenants can change locks without owner’s consent for personal safety
• Must use a qualified locksmith/tradie
• Provide new keys to owner/manager as soon as practical
• Penalty provisions for owners/managers distributing keys improperly
• Different procedures for rooming accommodation

Q&A Highlights

• Tenants can be held liable for outstanding rent or water bills
• Options for pursuing damages include charging the perpetrator or landlord insurance
• Maintaining confidentiality and proper documentation
• Specific case examples discussed (e.g., if Joe is the perpetrator)

Closing and Resources

• Website: Easy navigation for information and resources
• Contact center available for assistance
• Thanks to attendees and invitation to future sessions