When a fixed term tenancy agreement ends, the tenants/residents and property manager/owner can agree to renew or extend the tenancy. There are 3 ways a fixed term agreement can continue:
- Enter into a new fixed term agreement.
- Extend the end date of the existing fixed term agreement.
- Do nothing and allow the agreement to become periodic agreement.
The tenants/residents named on the agreement can be changed with approval from all parties (including the property manager/owner). This can occur when extending a tenancy.
Enter into a new agreement
You can continue the tenancy by signing a new agreement prepared by the property manager/owner. The new agreement will include any updates to the terms of the agreement, e.g. a rent increase or new or changed special terms.
The tenant/resident must sign the new agreement and return it to the property manager/owner. If your tenancy continues under a new agreement, you don’t need to complete an exit condition report when the original agreement ends. You also don’t need to complete an entry condition report for the new agreement if you completed one at the start of the original agreement.
Extend the existing agreement
Before the original agreement ends, you can agree on a new end date for the existing agreement. Parties should agree on a new end date in writing. If the parties intend to change other terms (e.g. special terms, the amount of rent), they should instead complete a new agreement.
To limit disputes later on, any extension should be clear, in writing and all parties should keep a copy of the extended agreement.
Allowing the agreement to become periodic
If you don’t extend or sign a new fixed term agreement, and no party gives notice to end the agreement, the agreement will automatically become a periodic agreement when the fixed term expires. The periodic agreement continues under the same terms that applied to the fixed term agreement, except for the end date. A periodic agreement does not have a set end date, and continues indefinitely until either party takes action to end the agreement.
The tenant/resident and property manager/owner can agree to end the periodic agreement and begin a new fixed term agreement at any time.
Changes to the terms of tenancy agreements
If there are any new or changed terms in the proposed tenancy agreement, the property manager/owner should discuss these with the tenant/resident. Tenants/residents can negotiate the terms of the proposed agreement before they sign it.
Disputes about changes to the agreement terms
You are encouraged to talk to each other, discuss issues and agree on solutions together. If you are unable to agree about changes to the terms of a renewed tenancy agreement, either party can apply for free RTA dispute resolution for help resolving the dispute.
If the dispute cannot be resolved, the tenant/resident has the option to sign the agreement and then dispute the change as a significant change to the agreement. To dispute a significant change to the agreement, the tenant/resident must sign the new agreement and then apply for free RTA dispute resolution. If dispute resolution is unsuccessful, the tenant/resident can then apply to the Queensland Civil and Administrative Tribunal (QCAT) to have the significant change reviewed.
To apply to QCAT, applications for RTA dispute resolution must be made within 30 days of signing the new agreement.