New laws in effect
from 6 June 2024
Rent
bidding–
rent bidding or accepting rent offers higher than the advertised price, are
banned
Maximum
rent in advance–
a property manager/owner cannot, at the start of a new tenancy, solicit, accept
or invite a tenant to pay more rent in advance that exceeds two weeks for a
periodic tenancy agreement, a rooming accommodation 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–
are limited to 12 months and are attached to the property instead of the
tenancy. Written agreements must state the date of the last rent increase
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 increase– a tenant may (by written notice) request from a managing party,
evidence of the day of the last rent increase, which must be provided within 14
days. The requirement to provide evidence of a rent increase does not apply if
the premises is purchased within 12 months of commencement, and the property
manager/owner does not have information about the date of the last rent
increase
Undue
hardship–
a managing party 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
Fixed
price–
rooming accommodation must be advertised at a fixed price.
Upcoming changes (dates to be advised)
Re-letting
costs–
will be calculated on the remaining time on the tenancy or rooming agreement
and whether the fixed term agreement is greater or less than three years
Rent
payments–
tenants must be offered two ways to pay rent including a way that does not
incur more than usual bank costs and is reasonably available to a tenant
Disclosing
benefits–
any financial benefits received by managing parties regarding rent payments
must be disclosed
Utility
bills–
a tenant must receive utility bills within a four-week timeframe unless the
managing party has a reasonable excuse, otherwise the tenant does not need to
pay. There are also changes to how water charges are calculated and can be
charged when a tenancy begins or ends during a billing period.
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Jason Gwerder
Wednesday, 19 June 2024
