Landlords take note: Queensland’s rental laws are changing

1. their name and contact details;
2. details of any residential tenancy agreements or rooming accommodation agreements they have been party to previously;
3. their current employment;
4. details of their income;
5. their referees;
6. the intended term of the tenancy/residency interest; and
7. any other information prescribed by regulation.

The landlord/provider (or their agent) must nominate two ways in which the prospective tenant/resident may submit the application, noting that no more than one of these ways is a restricted way (such as an online platform to give personal information to a person other than the landlord/provider who collects the information on behalf of the landlord/provider and who is not a real estate agent).

Limitations

These requirements do not apply to landlords of a residential tenancy (or agents of landlords) who:

1. receive funding for the premises under the Housing Act 2003 (Qld) or the Community Services Act 2007 (Qld); or
2. is the chief executive of the housing department acting on behalf of the State; or
3. is the State in circumstances where the tenant is an officer or employee of the State; or
4. is a replacement landlord under a community housing provider tenancy agreement; or
5. a landlord otherwise prescribed by regulation.

A landlord/provider (or their agent) may request information about a prospective tenant/resident only if the information:

1. is limited to that required in the application form; or
2. comprises no more than two documents in each of the following categories:
   1. documents that verify the identity of the prospective tenant/resident;
   2. documents which reveal the prospective tenant’s/resident’s financial ability to pay rent;
   3. documents about the suitability of the prospective tenant/resident for the tenancy/rooming accommodation.

Restricted information

A landlord/provider (or their agent) cannot request information about a prospective tenant/resident if that information relates to:

1. legal action taken by the prospective tenant/resident (including dispute resolution or tribunal matters);
2. a notice to remedy breach given to the prospective tenant/resident by a landlord/provider or vice versa;
3. the prospective tenant’s/resident’s history with respect to rental bonds (including any claim on a rental bond); or
4. statements of credit accounts or bank accounts belonging to the prospective tenant/resident which details transactions.

1. providing the landlord/provider (or their agent) with a copy of an original identity document; or
2. allowing the landlord/provider (or their agent) to access or sight the original identity document, in which case, the landlord/provider (or the agent) is unable to keep a copy without the prospective tenant’s/resident’s consent.

1. the landlord has given the tenant a notice to leave the premises; or
2. the tenant has given the landlord a notice of intention to leave the premises.

However, this restriction does not apply if:

1. the entry is required to comply with the Fire Services Act 1990 (Qld) in relation to smoke alarms or Electrical Safety Act 2002 (Qld) in relation to approved safety switches;
2. the tenant agrees to the entry;
3. there is an emergency; or
4. there are reasonable grounds to believe that entry is necessary to protect the premises from imminent or further damage.

A provider must give a resident at least 24 hours’ written notice before entering the resident’s room.

Multiple rooms

If the notice relates to entry of more than one room, notice may be given by posting it at least 24 hours before the entry.

A provider must give a resident at least:

1. 24 hours’ written notice before entering the resident’s room to clean it; or
2. 48 hours’ written notice before entering the resident’s room for any other reason.

Multiple rooms

If the notice relates to entry of more than one room, notice may be given by posting it at least 48 hours before the entry.

1. 24 hours’ written notice before entering the resident’s room to clean it; or
2. 48 hours’ written notice before entering the resident’s room for any other reason.

1. the provider has given the resident a notice to leave the rental premises; or
2. the provider or the resident gives notice terminating the rooming accommodation agreement on a specified day.

However, this restriction does not apply if:

1. there is an emergency
2. the provider reasonably believes the room has been abandoned;
3. entry is required to carry out urgent repairs to the rental premises or a facility in the premises;
4. the resident has agreed to the entry; or
5. the provider has agreed to provide a service (other than accommodation) to the resident.

1. agreement: the agreement must be in writing, describe the nature of the fixture or change, and outline the terms of the agreement (e.g. whether the tenant/resident may remove the fixture, how and when the fixture may be removed, and where removal is not allowed, the landlord’s/provider’s obligation to compensate the tenant/resident for the improvement to the premises).
2. without agreement: if the tenant/resident attaches a fixture or makes a structural change without the landlord’s/provider’s agreement, the landlord/provider may waive the breach and treat the fixture or change as an improvement to the premises for its benefit.

If body corporate approval is required

1. approval: if a tenant/resident seeks to attach a fixture or make a structural change to premises that are part of a body corporate scheme and the fixture or change requires body corporate approval, the tenant/resident may make a request, in the approved form, to the landlord/provider for approval.
2. timeframe: the landlord/provider has 28 days to decide the request and, if approved, state that its approval is subject to agreement by the body corporate and the landlord/provider must give the request to the body corporate within 28 days of receipt.

If body corporate approval is not required

1. approval: if a tenant/resident seeks to attach a fixture or make a structural change to premises where approval of a body corporate is not required, the tenant/resident may make a request, in the approved form, to the landlord/provider for approval.
2. timeframe: the landlord/provider has 28 days to decide the request, or a longer period as otherwise agreed between the tenant/resident and the landlord/provider. The landlord’s/provider’s agreement may be given subject to conditions.
3. breach of agreement: if the tenant/resident does not attach the fixture or make the structural change in accordance with the landlord’s/provider’s agreement, the landlord/provider may waive the breach and treat the fixture or structural change as an improvement to the premises for its benefit.

In each case, the landlord’s/provider’s agreement to the attachment of a fixture or making of a structural change must be in writing, describe the nature of the fixture or change, and state any conditions of the agreement (e.g. maintenance obligations, whether the tenant/resident may remove the fixture, how and when the fixture may be removed, the landlord’s/provider’s obligation to compensate the tenant/resident for the improvement to the premises).

In deciding the application, the Tribunal may have regard to:

1. the potential for the fixture or change to improve safety, security and accessibility of the premises;
2. the likelihood that the fixture or change may be removed at the end of the tenancy/agreement or the premises can be restored to its original condition;
3. whether the fixture or change would add value to the premises and whether the landlord/provider may treat the fixture or change as an improvement to the premises;
4. whether building approvals are required;
5. whether the fixture or change would need to be installed by a qualified tradesperson;
6. if the premises are part of a body corporate scheme – whether body corporate approval is required;
7. for a proposed structural change – the extent to which the change will modify the premises; and
8. any other matter the Tribunal considers relevant.

1. collection: a person may collect personal information about an applicant only for the purposes of assessing the suitability of that applicant as a tenant or resident.
2. storage: the relevant person must store the personal information in a secure way and only access it for the purposes of assessing the applicant’s suitability as a tenant or resident.
3. destruction: if the applicant does not become a tenant or resident, their personal information must be destroyed in a secured way within three months of the commencement of the agreement for which they applied, or a longer period as agreed by the applicant.

Tenants and residents

1. collection: a person may collect personal information about a tenant or resident only if the information relates to the management of the agreement. Photographs taken of a rental property during inspections are considered information relating to the management of the agreement.
2. storage: the relevant person must store the personal information in a secure way and only access it for the purposes of managing the premises.
3. destruction: their personal information must be destroyed in a secure way within seven years after the end of the agreement to which the information relates.