Every tenancy agreement outlines the standard terms set out in the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), as well as any additional special terms agreed to by both parties.

Special terms should be discussed and agreed to prior to both parties signing the tenancy agreement.

A special term is an additional condition that applies throughout the tenancy. This could relate to:

• rent increases
• water charges
• utility charges
• garden maintenance
• pool maintenance
• light bulb replacement
• smoking restrictions.    

A special term:

• cannot contradict or attempt to change the intent of a standard term outlined under the Act – even if agreed, special terms that conflict with the Act are not binding and penalties may apply
• cannot require a tenant to:
  • leave the property in a better condition than at the start of the tenancy (refer to the entry condition report for property condition)
  • purchase goods or services, unless it is carpet cleaning services in relation to pets
  • use a specific contractor or company, such as for bond cleaning or carpet cleaning service
  • pay a set fee for bond cleaning or carpet cleaning.

Example A – Acceptable special term: The tenancy agreement – which outlines that a cat and dog will be living at the property, and will have access to both the house and yard – includes a special term requiring the tenant to organise both pest treatment and carpet cleaning at their own expense before the end of the tenancy.

This is acceptable, as the term meets all legislative requirements.

Example B – Unacceptable special term: The tenancy agreement – which outlines that a cat and dog will be living at the property and will have access to both the house and yard – includes a special term requiring the tenant to engage specific companies to perform pest treatment and carpet cleaning at their own expense before the end of the tenancy.

This is unacceptable, because while the property manager can request pest treatment and carpet cleaning are performed if a pet is approved at the property, they cannot dictate which providers the tenant uses to do this.

Where a tenancy agreement includes an unacceptable special term, the agreement still stands but the term is void and the tenant does not need to comply with it. 

Special terms can be documented in Part 3 of the tenancy agreement. They can be written by the property owner, tenant/resident, or a legal professional. They cannot be written by a property manager or agent, but these parties can make minor changes to reflect the current details of the property.

Example A – Acceptable changes from an agent or property manager: The tenancy agreement includes a special term that states: “The owner will contract ABC Pools every month to service the pool.”

ABC Pools ceases operations part way through the tenancy, and the property owner contracts a new company – Pool Care Queensland – to perform the same services.

The property owner requests the managing agent to update the special terms to reflect this change. This is acceptable, as the change is minor.

Example B – Unacceptable changes from an agent or property manager: At the most recent pool service, ABC Pools advises the property owner that the pool would benefit from someone doing additional cleaning and discussed other minor tasks which would benefit the pool.

The property owner discusses this with the tenant, who agrees to carry out the additional cleaning schedule between visits and check the filter.

The property owner then asks the managing agent to add this new special term into the agreement on their behalf. This is unacceptable, as the agent doesn’t have the legal right to write special terms.