A repair order is a legally binding order issued by the Queensland Civil and Administrative Tribunal (QCAT) addressing routine or emergency repairs that are needed to the rental property or its inclusions.

A repair order continues to apply to the rental property until it is complied with and does not expire at the end of a tenancy agreement or because of a change of ownership or tenants. This means a repair order can still be in place, even if the tenancy during which it was made has ended, or if the property has been sold.

QCAT will provide a copy of the original repair order and any repair order extensions to the RTA. Non-compliance with a repair order is an offence under the Act and may be investigated by the RTA. 

Learn more in the Repair orders fact sheet.

A Notice to leave can be issued for the end of a fixed term tenancy up to one day prior to the end of a fixed term tenancy without the tenancy reverting to a periodic tenancy, providing the correct timeframe has been applied. For example, a Notice to leave has been issued on 14 November 2022 providing two months’ notice to leave for the end of a fixed term tenancy that expires on 15 November 2022, after the 15 November 2022 the tenancy does not revert to a periodic tenancy and the tenants have until the expiry date on the notice to vacate.

Scenario: 

• a fixed term tenancy ends on 1 March 2023
• the tenant is issued with a Notice to leave for the end of a fixed term tenancy on 15 February 2023
• the Notice to leave provides the required two months notice
• the notice expires on 15 April 2023.

1. If the tenant vacates prior to 1 March 2023 (end of the fixed term) the tenant may be responsible for reasonable re-letting costs as they vacated prior to the end of their fixed term agreement. 
2. If the tenant vacates on or after 1 March 2023 but before the 15 April 2023, they can do so provided the appropriate notice has been given. 

As of 1 October 2022, managing parties can no longer end a tenancy without a specific reason (without grounds). They must provide a specific reason for ending the tenancy on the Notice to leave. Ending of a fixed term agreement can be given as a reason for ending a fixed term tenancy. A full list of reasons which can be given to end a tenancy agreement can be found in the Ending a tenancy agreement for managing parties fact sheet.

A periodic tenancy can be ended in a number of ways including:

• for an unremedied breach that is a failure to pay rent
• unremedied breach that is any failure other than a failure to pay rent
• non-compliance (tribunal order)
• non-livability
• compulsory acquisition
• sale contract
• ending of entitlement (employment)
• ending of accommodation assistance
• ending of housing assistance
• serious breach (public and community housing)
• state government program
• demolition or redevelopment
• significant repairs or renovation
• change of use 
• owner occupation
• mortgagee in possession
• abandonment
• Tribunal order (urgent application) for:
  • failure to leave
  • hardship
  • damage or injury
  • objectionable behaviour
  • repeated breaches.

A full list of reasons for ending a tenancy can be found in the Ending a tenancy agreement for managing parties fact sheet.

Approval for a pet given prior to 1 October 2022 will still apply after this date. However, all conditions about keeping the pet must comply with the amended RTRA Act.

A body corporate committee may also be required to approve pets where a property is subject to by-laws and the committee process may take more than 14 days to consider the request. A landlord may refuse a pet approval application on the basis that approval would contravene a body corporate by-law applying to the premises – this would apply if body corporate approval was required under the relevant by-laws and had not yet been obtained. Tenants are encouraged to refer to their by-laws to identify any restrictions about pets before considering making a request or commitment to keep a pet as breaching by-laws is a breach of a tenancy agreement. Tenants can dispute a body corporate committee’s decision through the Body Corporate and Community Management Commission. 

The Act predominantly applies to agreements between managing parties and tenants. Amendments to the Act on 1 October 2022 allow an owner of a residential premises to apply to the Queensland Civil and Administrative Tribunal (QCAT) for the issue of a warrant of possession in circumstances where there is no residential tenancy agreement in effect for the premises and a person is occupying the premises without the owner’s consent.

A property owner who suspects their premises is being occupied by squatters should consider seeking independent legal advice.

A repair order is a legally binding order issued by QCAT. If the property owner/manager believes the repair order cannot be completed by the due date stated, they should make an urgent application to QCAT for a time extension prior to the due date of the repair order, to avoid non-compliance.

If the property manager/owner does not comply with a repair order in the time specified on the order notice, and no extension has been granted, the tenant has three options:

1. They may be able to take the matter to the Magistrates Court for enforcement. More information can be found on the QCAT website.
2. They may issue the property manager/owner with a Notice of intention to leave (Form 13) on the grounds that the property manager/owner has not complied with a repair order.
3. Tenants can request an RTA investigation into non-compliance with a repair order on the how to request an investigation webpage. Tenants can request an investigation, even if they choose to take the matter to the Magistrate Court or issue a Notice to intention to leave (Form 13).