WHAT ARE THE CHANGES TO TENANCY LAWS?

If you’re asking yourself this question, then keep reading to find out what you need to know about the big changes to tenancy laws coming in to effect as of the 1st of October 2022.


The Residential Tenancies and Rooming Act 2008 is the legislation that governs renting residential property in Queensland. The act will change as of the 1st of October 2022. Amongst the several changes set to come into effect are new laws around ending tenancies, new framework for negotiating renting with pets, introduction of repair orders and other important amendments related to tenancy obligations.

Whilst these changes have been pending for a while, they still may come as a surprise to some. When you have the right property management team looking after your investment, you can trust that there’s nothing to worry about.

At Code Property Group, we are here to help our landlords and tenants to navigate the new rules and understand how they impact each party.

Ending tenancies

Currently, when a tenant’s fixed term lease agreement ends but they remain in the property, it is still valid and titled a ‘periodic lease’. This means there is no end date, and the tenant can give 2 weeks’ notice from when they would like to leave. Landlords can issue tenants with 2 months’ notice to leave a property, after which a tenant is required to vacate.

From the 1st of October 2022, if a periodic lease is in place, landlords will no longer be able to rely on issuing a 2 month notice for the tenant to vacate the property, on a “without grounds” basis.

This means that there will be increased pressure on landlords and property managers to guarantee that a lease never becomes periodic. To avoid tenancies becoming periodic leases, tenants must be issued with a Form 12 Notice to Leave prior to the end of their fixed term agreement ending.

From October 1 2022, landlords and property managers will need to provide specific reason as to why they are ending a tenancy. These reasons can include:  

  • End of fixed term agreement
  • Preparing the property to sell, or sale of the rental property with vacant possession
  • The owner or their relative moving in
  • Change of use of the property
  • Significant repairs or renovations
  • Demolition or re-development
  • Premises used for State Government program

Pets

Another change coming to tenancy laws from the 1st of October relates to pets in rental properties. If a property is not suitable for pets, the landlord has the right to decline applicants with pets. However, once a tenant moves into the property and requests a pet thereafter is when it becomes more challenging to decline.

As of the 1st of October 2022, Queensland tenants can submit a form from the RTA website to request a pet. From the date of submission, the property manager or landlord has 14 days to respond to the request and if no response is received,  the pet is automatically approved. The request can be approved with reasonable conditions by the property manager and/or owner and if these conditions are declined by the requesting tenant, then the application can be denied by the owner. Similarly, an owner can decline a pet under reasonable circumstances. The grounds on which a pet application can be refused by a landlord are:

  • Keeping the pet would exceed a reasonable number of animals being kept at the premises.
  • The premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet.
  • Keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises.
  • Keeping the pet would pose an unacceptable risk to the health and safety of a person, for example, the pet is venomous.
  • Keeping the pet would contravene a law.
  • Keeping the pet would contravene a body corporate by-law, house rules or park rules applying to the premises.
  • The tenant has not agreed to the reasonable conditions proposed by the landlord for approval to keep the pet.
  • The animal stated in the request is not a pet.
  • If the premises is a moveable dwelling premises, keeping the pet would contravene a condition of a licence applying to the premises.
  • Other grounds prescribed by regulation.

For current or future tenants looking to request a pet in the rental property, it is important to note that any damage caused by way of an animal is not considered fair wear and tear and if a pet causes any type of damage, tenants will be required to cover the cost of fixing it.

If you have any more questions or concerns about the fast-approaching changes to the rental laws, please get in touch with our team of property experts. Although, these changes are sure to be the cause of some angst, with the right property manager, with a high level of experience and knowledge of the legislation - your investment is in good hands.