There are a variety of things property managers/owners and prospective tenants/residents should consider before starting a tenancy. These things range from personal circumstances to your responsibilities under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), including special terms in rental agreements and minimum housing standards.
Under the Act, all new tenancies (including renewed tenancy agreements) from 1 September 2023 and all remaining tenancies from 1 September 2024 must meet minimum housing standards, which aim to ensure all Queensland rental properties are safe, secure and functional. It is crucial that all property managers/owners and prospective tenants/residents are familiar with them.
Property managers/owner considerations
Before deciding to rent your property to a tenant/resident there are several things to be aware of.
Whether you choose to manage the property yourself or employ a real estate agent to act on your behalf, the Residential Tenancies and Rooming Accommodation Act 2008 (the Act) applies.
Your rental property must meet minimum housing standards in addition to ensuring:
- the property is clean and in good repair
- locks and security devices are in good working order
- there is a full set of keys for one tenant/resident and entry keys for all other tenants/residents
- there are contact details for emergency repairs in the tenancy agreement
- you decide if you will take a bond from the tenant/resident
- the property is water efficient if you decide to charge for water consumption.
Reporting concerns
Prospective rental properties can be reported using the Report an advertised rental property for repair concerns form if the premises does not appear to meet minimum housing standards. The RTA's Compliance and Enforcement team will review the report and take further action if required.
Special terms
Consider if it would be beneficial to include any special terms in the tenancy agreement. A special term is an additional condition that applies throughout the tenancy. Any special terms should be discussed and agreed to before the tenancy agreement is signed. It is important to note that special terms cannot be inconsistent with the Act and it is an offence to enter into a contract which tries to avoid provisions of the Act.
If you own an acreage property or a large block, consider whether the tenant/resident will have access to the entire property. Special terms should clearly state what the tenant/resident does and does not have access to. For example, if there are sheds or areas that you need to access during the tenancy, it is easier to include these in special terms as entry laws apply.
Useful information
You can find information specifically for property managers/owners under forms and resources, including the Managing general tenancies in Queensland guide.
Prospective tenants/resident considerations
Before choosing to enter into a tenancy agreement you should first view the prospective rental property you would like to apply for. During inspection it is important to determine if the property meets your needs and is suitable for your lifestyle.
Some things you may like to consider include:
- Is the property the right size?
- Is it in the right location for work and social activities?
- Is it suitable for pets or children?
- Can you maintain the property? (e.g. can you look after a pool, or large garden?)
- Does the property have the facilities you need? (e.g. does it have a broadband connection? If not, can it be added and who will pay for these services to be made available?)
- Will you have to pay for water usage?
- In a rural property, will you need to refill the water tank in dry weather?
- Will there be additional costs for occasional garden maintenance? (e.g. disposing of green waste, tree pruning.)
- In a caravan park, will there be extra site costs?
- If there are gas bottles, will they be filled at the start of the tenancy and will a receipt be provided?
- Does the property have the level of security you require? (e.g. screens on windows.)
Reporting concerns
If, during an in-person or online inspection, you believe a property does not meet minimum housing standards, it is important to report this using the Report an advertised rental property for repair concerns form. The RTA’s Compliance and Enforcement team will review the report and take further action if required.
Special terms
Before signing the tenancy agreement for your chosen property, you should read the prospective General tenancy agreement (Form 18a) thoroughly. It is important to ask questions if you do not understand something within the agreement, such as additional conditions known as special terms.
Special terms should be discussed and agreed on before signing the tenancy agreement, which is a legally binding contract. Special terms, which cannot be inconsistent with the RTRA Act, often relate to garden and pool maintenance, water charges and even what parts of the property you as a tenant do and do not have access to. It is important to note that it is an offence to enter into a contract which tries to avoid provisions of the RTRA Act.
Useful information
Find out more about choosing a rental property and use the new tenant checklist to help you prepare before and after signing your tenancy agreement.