The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Qld) received proclamation on 15 August 2024 and makes a series of changes to the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). We have outlined the relevant changes that come into effect on 30 September 2024 and identified a landlord’s obligations under the reformed provisions of the Act in relation to the payment of rent and service charges, bond claims and reletting costs.
1) Rent
| Residential tenancies | ||
| Object | Current position | New position |
| Payment of rent generally | The tenant is required to pay rent in the approved way unless stated otherwise in the agreement or otherwise agreed in writing between the parties. | The tenant is required to pay rent in the manner stated in the residential tenancy agreement which must include at least two ways in which the tenant can pay rent and at least one of these ways must be reasonably available to and not incur costs for the tenant. |
| Changes to rent paid | If the landlord intends to enter into an agreement with the tenant which provides for an approved way or change an approved way to pay rent, the landlord must notify the tenant in writing giving the tenant a choice of at least two other approved ways to pay rent and advise of the associated costs. | change by agreement: If the parties agree in writing to change the way in which rent is paid under the residential tenancy agreement, that subsequent agreement prevails (while it remains in effect) over the residential tenancy agreement.
change without agreement: If the landlord intends to change the way in which rent is paid other than by agreement of the tenant, it must notify the tenant in writing of at least two ways in which the rent may be paid and at least one of these ways must be reasonably available to and not incur costs for the tenant. The tenant must pay the rent in that way from the date that is 14 days after the notice is given. notice of costs and benefits: A landlord cannot:
unless the landlord notifies the tenant in writing of the relevant costs associated with paying rent in the offered way. The landlord must also declare any financial benefit to be gained by receiving rent in a particular way. |
| Rooming accommodation | ||
| Payment of rent generally | The resident is required to pay rent in the approved way unless stated otherwise in the agreement or otherwise agreed in writing between the parties. | The resident is required to pay rent in the manner stated in the rooming accommodation agreement which must include at least two ways in which the resident can pay rent and at least one of these ways must be reasonably available to and not incur costs for the resident. |
| Changes to rent paid | If the provider intends to enter an agreement with the tenant which provides for an approved way or change an approved way to pay rent, the provider must notify the resident in writing giving the resident a choice of at least two other approved ways to pay rent and advise of the associated costs. | change by agreement: If the parties agree in writing to change the way in which rent is paid under the rooming accommodation agreement, that subsequent agreement prevails (while it remains in effect) over the rooming accommodation agreement.
change without agreement: If the provider intends to change the way in which rent is paid other than by agreement of the resident, it must notify the resident in writing of at least two ways in which the rent may be paid and at least one of these ways must be reasonably available to and not incur costs for the resident. The resident must pay the rent in that way from the date that is 14 days after the notice is given. notice of costs and benefits: A provider cannot:
unless the provider notifies the resident in writing of the relevant costs associated with paying rent in the offered way. The provider must also declare any financial benefit to be gained by receiving rent in a particular way. |
2) Service charges
| Residential tenancies | ||
| Object | Current position | New position |
| Service charges for premises other than moveable dwelling premises | If premises are individually metered and a way to calculate the amount payable by the tenant for outgoings incurred by the landlord for a general service charge is not prescribed under a regulation, the tenant cannot be required to pay an amount that is more than the amount charged by the relevant supply authority for that service or facility. | The current position applies with an additional obligation on the landlord to provide a copy of the document issued by the relevant supply authority to the tenant within 4 weeks of receipt.
Any failure by the landlord to give that document to the tenant releases the tenant from the obligation to pay the charge. |
| Water service charges for premises other than moveable dwelling premises | A tenant is not required to pay an amount for water consumption charges in respect of the premises to the landlord that is greater than the water consumption charges payable to the relevant water supplier. | The current position applies, with an additional obligation on the landlord to provide a copy of the document issued by the relevant water supplier to the tenant within 4 weeks of receipt.
Any failure by the landlord to give that document to the tenant releases the tenant from the obligation to pay the charge. |
| Rooming accommodation | ||
| Charges for utility services | A provision in a rooming accommodation agreement requiring a tenant to pay a utility service charge is of no effect unless the resident’s room is separately metered by an approved appliance and the amount charged does not exceed the amount charged to the provider by the supplying entity. | The current position applies, with an additional obligation on the provider to provide a copy of the document issued by the supplying entity to the resident within 4 weeks of receipt.
Any failure by the provider to give that document to the resident releases the resident from the obligation to pay the utility service charge. |
3) Bond claims
| Residential tenancies and rooming accommodation | ||
| Object | Current position | New position |
| Evidence of claim | N/A | In respect of rental bond applications and dispute resolution requests about payment of a rental bond, the landlord/provider must give the tenant/resident, within 14 days of the application or dispute resolution request, evidence supporting the application or the claim which may include receipts, quotes to repair damage, or records of unpaid rent.
However, the landlord/provider does not need to provide evidence if reasonable attempts to contact the tenant/resident have failed. |
4) Reletting costs
| Residential tenancies | ||
| Object | Current position | New position |
| Reletting costs | A landlord can require a tenant to pay reasonable costs incurred by the landlord in reletting the premises only if the residential tenancy agreement:
|
The current position applies, with the exception that the tenant’s liability is limited to reletting costs.
The reletting costs payable by the tenant are calculated based on the length of the fixed term and the point in time when the tenant handed over vacant possession of the premises. |
| Rooming accommodation | ||
| Reletting costs | A provider can require a resident to pay reasonable costs incurred by the provider in reletting the resident’s room only if the rooming accommodation agreement:
|
The current position applies, with the exception that the resident’s liability is limited to reletting costs.
The reletting costs payable by the resident are calculated based on the length of the fixed term and the point in time when the resident left the premises. |
To ensure compliance with the changes under the reformed Residential Tenancies and Rooming Accommodation Act 2008 (Qld), landlords and providers should review their residential tenancy agreements and rooming accommodation agreements, practices regarding the payment of rent and service charges and bond claim procedures. The new obligations come into effect on 30 September 2024.
For guidance on navigating these updates and ensuring your agreements and practices align with the latest legal requirements or to learn more about how these changes might impact your tenancy management, get in touch with Sarah Roettgers.
