RTA Rental Rules QLD
RTA Rental Rules for Property Owners/Managers
This is a Quick View for our visitor’s convenience of the RTA rental rules and requirements for property owners/managers in Queensland about renting houses and units. For full details visit the RTA website.
Before a Tenancy
Smoke Alarms
By law, property owners must install interconnected photoelectric smoke alarms in all residential rental properties. As the property owner/manager, you must:
• Install smoke alarms in compliance with the Fire and Emergency Services Act 1990, which requires interconnected photoelectric smoke alarms be installed in all bedrooms, in hallways that connect bedrooms with the rest of the property and on every level
• Replace smoke alarms before the end of their service life (smoke alarms are required to have a recommended service life of at least 10 years under normal conditions of use)
• Test and clean smoke alarms and replace any flat or nearly flat batteries within 30 days before the start or renewal of a tenancy
• Not remove a smoke alarm, remove the battery (other than to replace it) or do anything to reduce the effectiveness of the alarm (e.g. paint or cover it).
The tenant must:
-Test and clean (by vacuuming or dusting) smoke alarms at least once every 12 months
– Replace any flat or nearly flat batteries
-Advise the property owner/manager if there is any issue with the alarm (apart from batteries)
-Allow the property owner/manager right of entry to install/test smoke alarms
-Not remove a smoke alarm, remove the battery (other than to replace it) or do anything to reduce the effectiveness of the alarm (e.g. paint or cover it).
Penalties apply for not complying with these requirements.
Contact the Queensland Fire and Emergency Services
(qfes.qld.gov.au) for more information.
Starting a Tenancy
Documents you will need to give the tenant
• The proposed General tenancy agreement (Form 18a), which includes any special terms
• A copy of the Pocket guide for tenants – houses and units (Form 17a)
• A copy of any body corporate rules and applicable by-laws (units, apartments, townhouses)
• A Bond lodgement (Form 2), if you decide to ask for a bond (alternatively, you or the prospective
tenant can lodge and pay for a bond online using RTA Web Services)
• An Entry condition report – general tenancies (Form 1a).
Tenancy Agreement
A tenancy agreement, also known as a lease, is a legally binding written contract between you and the tenant. You must give the tenant a copy of the General tenancy agreement (Form 18a) before they pay any money or enter into the tenancy. It is an offence not to provide the tenant with a written agreement. However, the tenant still has protection under the law even if they are not given one.
The agreement outlines your rights and responsibilities and those of your tenant. It must include standard terms and may include special terms (e.g. water consumption). You must also disclose any repair orders yet to be complied with.
You are also responsible for the cost of preparing the agreement which must be written in a clear and precise way.
The tenant must sign and return the agreement to you within 5 days. You should send them a copy of the signed agreement within 14 days.
The agreement may only be ended by following the correct procedure.
A General tenancy agreement can be:
• a fixed term agreement – has a start date and an end date and the tenant agrees to rent the property for a fixed amount of time (e.g. 12 months)
• a periodic agreement – when the tenant agrees to rent the property for an unspecified amount of time (there will be a start date but no end date).
Special Terms
All special terms are negotiable and should be discussed prior to the tenant signing the tenancy agreement. Special terms may include details about pets, rent increases, water charging, smoke alarms, swimming pools, garden maintenance, carpet cleaning and pest control.
However, you cannot require the tenant to use a specific contractor, company, or require them to provide evidence of professional services used (e.g. show a receipt) in order to return the property to that condition.
If you agree to a tenant’s request for a pet, you could have a condition that the tenant must have the property professionally fumigated and/or professional carpet cleaning at the end of the tenancy, or that the pet must be kept outside, only if it is the kind of pet that is usually kept outside.
At the end of a tenancy, tenants have an obligation under the agreement to leave the property, as far as possible, in the same condition it was in at the start of the tenancy, fair wear and tear excepted. Note: pet damage is not considered fair wear and tear.
Special terms that conflict with the Act are not binding, even if you and the tenant have agreed to them. Penalties may apply.
Types of Shared Households
Co-tenancies – where all occupants are named on the agreement as tenants. Tenants are jointly and individually responsible for the rent and other obligations under the agreement.
Multiple individual tenancies – where you offer each tenant a separate agreement. Check with the RTA if your situation is covered by the rules in this guide or by residential services, rooming accommodation or boarder/lodger rules.
Sub-letting – where the tenant named on the agreement establishes themselves as a head tenant through a sub-agreement tenancy with other occupants. Sub-tenants have no direct relationship with you and deal directly with the tenant named in the original agreement.
However, a tenant cannot sub-let a property without your written permission including short-term arrangements such as Airbnb. If a head tenant collects a bond from the sub-tenant, they must lodge it with the RTA within 10 days.
Unapproved occupants
You have the right to know and approve of the people living on the property. Your approval must be given in writing. If you haven’t granted approval you can seek removal of the tenants by issuing a Notice to remedy breach (Form 11) to the tenant. You may also seek help through the RTA’s dispute resolution service or the Queensland Civil and Administrative Tribunal (QCAT).
During a Tenancy
Breaches
A breach of a tenancy agreement is when you or the tenant break any part of the agreement.
Breaches by the tenant
If a tenant breaches the tenancy agreement you can issue a Notice to remedy breach (Form 11). This gives them 7 days to fix the problem. The tenant may apply to the RTA’s free dispute resolution service for help. If the tenant does not fix the problem (i.e. the breach) within the allowed time, you can issue a Notice to leave (Form 12) giving them 14 days to leave the property for a general breach or 7 days for failing to pay rent.
Breaches by the lessor
If you breach the tenancy agreement, the tenant can issue you with a Notice to remedy the breach (Form 11). If you do not fix the problem, the tenant may contact the RTA’s dispute resolution service for assistance.
If the matter is still not resolved the tenant may be able to take the matter to QCAT. If you do not fix the problem within 7 days the tenant can give you a Notice of intention to leave (Form 13) giving you at least 7 days notice to end the agreement. You can dispute this notice by lodging a Dispute resolution request (Form 16) or applying online via RTA Web Services.
Repeated breaches
A repeat breach is when two or more notices have been given for the same breach within 12 months. When a third breach occurs, you or the tenant can apply to QCAT to have the tenancy agreement ended, provided:
-A notice to remedy the breach (Form 11) was given each time
-Each breach was for the same problem and was rectified, and
-The problem is of a serious nature.
Ending a Tenancy
Ending a fixed term agreement
A tenancy agreement is a legally binding contract that can only end in certain ways:
• By mutual agreement
• By applying to QCAT for an order terminating the agreement with approved rounds, such as excessive hardship or repeated breaches by you or the tenant
• By you giving the tenant a Notice to leave (Form 12) (due to an unremedied breach, or end of fixed term agreement)
• By the tenant giving you a Notice of intention to leave (Form 13).
Notice to leave
The Notice to Leave (Form 12) is used when asking a tenant to vacate the property.
Here are the Reasons for ending a tenancy and the Length of notice required:
-Unremedied rent arrears
At least 7 days after the expiry of notice to remedy breach (Form 11).
-Unremedied general breach (breaches apart from rent arrears)
At least 14 days after the expiry of the Notice to remedy breach (Form 11).
-End of a fixed term agreement
At least 2 months (issued prior to the expiry date of the agreement).
-Sale of the property or preparing the property to sell
At least 2 months after the notice is given to the tenant and not before the end of a fixed term agreement.
-The owner or their relative moving inÂ
At least 2 months after the notice is given to the tenant and not before the end of the fixed term agreement.
-Significant repairs or renovations
At least 2 months after the notice is given to the tenant and not before the end of a fixed term agreement.
-Planned demolition or redevelopment
At least 2 months after the notice is given to the tenant and not before the end of a fixed term agreement.
-Change of use of property
At least 2 months after the notice is given to the tenant and not before the end of a fixed term agreement.
-Abandonment
If the tenant does not respond to an Abandonment termination notice (Form 15) within 7 days, the tenant is deemed to have abandoned the property.
-Non-compliance with a QCAT order
At least 7 days after the notice is given to the tenant.
-Compulsory acquisition (the notice must be given within 1 month after compulsory acquisition)
At least 2 months.
-Non-liveability
The day the notice is given.
-Mortgagee in possession (will depend on whether mortgagee has/hasn’t consented to the tenancy)
At least 2 months (special considerations apply – visit the RTA website for more details).
-Death of a sole tenant
2 weeks after the tenant’s representative gives you written notice, or 2 weeks after you give the tenant’s representative written notice, or a day agreed between you and the tenant’s representative, or a day decided by QCAT.
-If entitlement to employment ends
4 weeks after the notice is given to the tenant.
-Ending of housing assistance
4 weeks after the notice is given to the tenant.
-Ending of accommodation
4 weeks after the notice is given to the tenant.
-State government program
2 months after the notice is given to the tenant and not before the end of a fixed term agreement.
-Notice of intention to leave
The notice of intention to leave (Form 13) is used by the tenant to notify you they are ending the agreement.
-Reason for ending the tenancy Length of notice required Without grounds (parties can agree on an earlier date in writing)
2 weeks after the notice is given for a periodic agreement 14 days or the day the agreement ends (whichever is later) for a fixed term agreement. If you and the tenant both agree to an earlier date in writing, a fixed term agreement can be ended without grounds.
-Unremedied breaches (by the lessor)
7 days after the notice is given.
-Lessor’s intention to sell premises within the first 2 months of a tenancy
2 weeks after the notice is given if the tenant was not advised in writing of the sale at the signing of the agreement.
-Rental property not in good repair
14 days notice if within first 7 days of tenant moving in or if premises are not in good condition.
-Death of a sole tenant
2 weeks after the tenant’s representative gives written notice, or 2 weeks after the owner/manager gives the tenant’s representative written notice, or a day agreed between the tenant’s representative and the owner/manager, or a day decided by QCAT.
-Death of a co-tenant
14 days notice.
-Non-compliance by the lessor to a QCAT order
7 days after the notice is given.
-The lessor fails to comply with the repair order
14 days after the notice is given.
-Non-liveability
The same day the notice is given.
-Compulsory acquisition
2 weeks after the notice is given.
-Experiencing domestic and family violence
Can end their interest in the tenancy 7 days notice but can vacate immediately (refer to the RTA website for more information).
Application to terminate the tenancy due to a serious breach
You can make a non-urgent application to QCAT to terminate the tenancy if you reasonably believe the tenant, an occupant or a guest of the tenant has used the premises for an illegal activity; intentionally or recklessly destroyed or seriously damaged the premises; or endangered another person in the premises or nearby.
You do not have to issue a Notice to remedy breach (Form 11) or a Notice to leave (Form 12); however, you must first submit a Dispute resolution request (Form 16) before applying to QCAT.
You may form a reasonable belief that the rental premises have been used for illegal activity, whether or not anyone has been convicted or found guilty of an offence to that activity. At QCAT you will need to be able to provide evidence of the alleged serious breach.
Breaking the tenancy agreement
If the tenant leaves before the end date of the fixed term agreement without sufficient reason they may be responsible for costs involved with breaking the agreement (such as the reasonable cost of re-letting the property and advertising). Exceptions apply for tenants experiencing domestic and family violence. They may also be responsible for compensation for loss of rent until another tenant can be found or until the tenancy ends. However, you have an obligation to reduce or minimise costs that result from ending an agreement early.
Ending a tenancy due to hardship situations
If a tenant (or you as a lessor) feels they would suffer excessive hardship should a tenancy not be terminated, they may make an urgent application to the Queensland Civil and Administrative Tribunal (QCAT) to end the tenancy on the grounds of excessive hardship. The Act does not define excessive hardship and QCAT will make a determination on a case-by-case basis. The applicant must be able to show or substantiate their own case. An example may be financial hardship due to the loss or transfer of a job, divorce or serious illness.
Domestic and family violence (DFV)
A tenant or co-tenant experiencing domestic and family violence can end their interest in the tenancy by issuing you a Notice ending tenancy interest (domestic and family violence) (Form 20) with the relevant evidence. The tenant can vacate immediately but will need to give 7 days notice and pay rent until the end of the 7 day notice period.
The relevant supporting documentation that can be provided or shown to you by the tenant includes:
-A protection order
-A temporary protection order
-Police protection notice
-An interstate order or an injunction
-A Domestic and family violence report signed by an authorised professional (refer to the RTA website).
The vacating tenant experiencing DFV is not responsible for costs associated with ending the agreement or interest, goods left behind or re-letting costs. They are not required to repair or compensate you for damage at the premises or inclusions caused by an act of DFV. If there are costs associated with breaching terms of the agreement not related to the DFV (e.g. rent arrears, damage to property by a pet, water bills), the tenant is still responsible for these costs.
The vacating tenant can apply for their bond contribution from the RTA using the Bond refund for persons experiencing domestic and family violence (Form 4a). Within 7 days of receiving a Notice ending tenancy interest, you must inform the vacating tenant:
1. whether you intend to apply to QCAT to have the notice set aside because it does not comply with the Act
2. when the other tenants (if applicable) will be informed that they have vacated the premises and that the residential tenancy agreement continues for the other tenants.
Important: You must wait until a minimum of 7 days (but no later than 14 days) after the expiry of the Notice ending tenancy interest (and the tenant has left) to issue the remaining tenants with a Continuing interest notice. You can ask the remaining tenant/s to top up the rental bond amount.
It is critical to maintain the privacy of a tenant who is experiencing domestic and family violence to ensure their safety. You must not disclose information about the tenant’s DFV experience to anyone unless in specific permitted circumstances as outlined under the Act.
Contact details provided by the vacating tenant must not be passed onto anyone else, unless required by law to do so. Penalty provisions apply for breaching confidentiality. As there are several steps and timeframes involved, we recommend you review the guidelines, fact sheet and flow chart on the RTA website (rta.qld.gov.au/domestic-violence-in-a-rental-property) to help you comply with the process.
A tenant can also apply to QCAT to be recognised as the tenant if their name is not on the agreement.
Tenants in this situation may seek further assistance from community support organisations such as DV Connect (1800 811 811 or dvconnect.org) or 1800RESPECT
(1800 737 732 or 1800respect.org.au).
Abandoned property
If you believe the property has been abandoned, you can issue an Entry notice (Form 9), giving at least 24 hours notice, and then inspect the property to confirm it has been abandoned.
You must have reasonable grounds for believing the property has been abandoned (e.g. rent arrears, uncollected mail).
To end the agreement, you can either:
• issue an Abandonment termination notice (Form 15) (e.g. by leaving it at the property). The tenancy agreement ends 7 days from the date the notice was served, if the tenant does not apply to QCAT to have the notice set aside, or
• you can apply to QCAT for an order declaring the property abandoned. This can avoid future disputes if there is doubt about whether the property was abandoned.
If the tenant wishes to dispute the notice, they must apply to QCAT within 7 days of the notice being served. If the 7 days have expired the tenant may apply to QCAT for a compensation order if they can show they have not abandoned the property. This must be done within 28 days of the notice being served.
You may wish to take photographs or videos to support your decision to issue an abandonment termination notice.
