Guide to RTA investigations fact sheet

To make a complaint about an offence

If you think that an offence has been committed under Queensland tenancy law, call the RTA on 1300 366 311.

About the RTA

The Residential Tenancies Authority (RTA) is the statutory body responsible for administering the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) in Queensland. The RTA works
impartially with a range of groups in the rental sector including tenants, residents, landlords, property
managers, caravan park managers, residential service providers, community housing groups and industry bodies. An important function of the RTA is to investigate alleged offences against the Act, to ensure compliance.

What can the RTA investigate?

The RTA investigates alleged breaches of offence (penalty) provisions contained in the Act. The RTA cannot investigate any breaches of the Act that do not involve an offence provision, (for example, landlords’ or tenants’ general obligations about care and maintenance, or claims of money owed). Some
of the offences that the RTA can investigate are:

  • failure to lodge a bond with the RTA within 10 days 
  • failure to provide a written tenancy agreement 
  • failure to provide an Information statement (Form 17a or Form 17b) at the beginning of a tenancy
  • entry by a landlord or their agent without proper notice
  • imposing special terms in tenancy agreements that contravene the Act 
  • providing false or misleading documents to the RTA 
  • failure to provide a forwarding address if asked to do so in writing during a tenancy 
  • ending a tenancy in an unauthorised way (for example, forcefully evicting a tenant)

If you think an offence has occured, please contact the RTA on 1300 366 311.

How are complaints investigated?

The RTA is based in Brisbane and carries out investigations throughout Queensland. Investigations are carried out by officers authorised under the Act. Investigators have power under the legislation to enter and search places, seize documents, and to require individuals and organisations to disclose information in certain circumstances.

The RTA conducts investigations when complaints are received from tenants, lessors or other parties involved with a tenancy. The RTA also carries out investigations based upon information the RTA receives through handling bonds.

An investigation is an impartial fact-gathering process. RTA investigators make enquiries seeking information about an allegation following the principles of procedural fairness. All parties are given every
opportunity to respond to an allegation and to provide information before the RTA takes any further action.

The RTA’s compliance framework

Action taken by the RTA is designed to: 

  • educate all parties about their obligations and responsibilities under the Act 
  • ensure future compliance with the Act

Prosecution may occur when other educative strategies have failed or are inadequate to address the seriousness of the complaint, or when it is considered to be in the public interest or in the interest of the rental sector. Prosecution can only occur if the investigation identifies sufficient evidence to prove an allegation beyond reasonable doubt.

How to lodge a complaint

A complaint should be made in writing. As part of your complaint you must include COPIES ONLY
of any relevant documents you have (for example, bond receipts, rent receipts, tenancy agreements,
RTA forms, entry notices etc.).

Timeframes

Due to the number of investigations the RTA carries out, it may take up to 21 days before an investigation into your complaint can begin. The RTA endeavours to complete investigations in a timely manner, however many investigations can be complicated. While some investigations are completed within three months, most investigations are finalised within six months and some can continue for a number of years.

interpreter symbol   If you need interpreting assistance to help you understand this information, contact TIS on 13 14 50 (for the cost of a local call) and ask to speak to the Residential Tenancies Authority (RTA).

101 – v1 Aug 11

 

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