Host - Belinda Heit – Communication and Education – RTA 

Guest – Marc Fidler – Education - RTA 

Host: New Queensland rental laws take effect from 1 May 2025. If you are a property manager, owner or tenant, it is important you understand what these changes mean for you. Today, I'm joined by Marc Fidler, who is going to run us through the 1 May changes to fixtures and structural changes. Welcome back, Marc.

Guest: Thanks very much for having me, Belinda.

Host: Now, it's great to have you back, although you're a bit of a regular on Talking Tenancies. Can you tell us about your role and what you're responsible for at the RTA for those who don't know you?

Guest: Yeah, look, at the moment I am a senior education officer working on the Housing Legislation Implementation Project. The project is coordinating the rollout of the new legislation. So I’ve been hear 20 years and most of that in the Contact Centre. But I’m enjoying the role that I've got at the moment.

Host: Congratulations on 20 years too, by the way. Now, before we dive into today's topic, can you give us an overview of what a fixture or structural change actually is?

Guest: Yeah, look, fixtures are generally items permanently attached to land or a building that are intended to become part of the land or building. So attaching a fixture might include putting up a picture hook or a shelf, adding an air conditioner, electric vehicle chargers, TV antennas and satellite dishes, those sorts of things. So anything that you're really adding to the property, I suppose.

Structural changes are permanent changes to the premises, which may include moving or removing walls, changing a window or altering the floor plan. Where we normally see things here is popping an air conditioner into a window.

Host: Yeah.

Guest: Something along those lines.

Host: Yeah. That's a fairly common one, isn't it?

Guest: Yeah.

Host: Yes, and tenants must request permission from the property manager or owner before they attach fixtures or make structural changes to a property. That's right, isn't it?

Guest: Yeah, you're spot on. So they must seek approval from the property manager or owner to either attach a fixture or make a structural change.

Now they can use what we call the Request for approval to attach fixtures or make structural changes (Form 23), and they can send that through to the property manager or owner for consideration.

So it's important to note that the tenant should complete a separate form for each request. So for any change they're looking to make.

Host: Right, yeah, separate one for each one.

Guest: Yeah.

Host: And what should a property manager or owner do once they receive the completed Form 23 from a tenant?

Guest: Yeah, so now the property owner or manager has 28 days to respond to the tenant from when they receive that request.

Host: So do the property managers or owners need to respond to a tenant request to attach a fixture or make a structural change using the Form 23?

Guest: So not specifically. So on page 3 of that form, there is the ability for the owner to provide information back to the tenant. So they don't have to use that form specifically, but what it does set out is the three key pieces of information that they need to provide to the tenant.

So that's whether the request has been approved or not. It's a description of the fixture or structural change and any additional conditions for the approval and why it applies, or if the approval is subject to agreement by body corporate.

Host: And using that approved form to respond to a tenant's request does sound simple. It keeps them on track and makes sure they remember the things they need to. Like what are the next steps if the property manager or owner approves the request?

Guest: Yeah, so if they do approve, the approval might be subject to additional conditions outlined in the written response.

So those conditions might include things that the tenant must maintain the fixture in a particular way. They must remove it at the end of the tenancy. If removal of the fixture is allowed, when and how it might be permitted, that they must repair any damage caused by removing the fixture, so bringing the property back to that original condition. If damage is caused to the premises when removing, the tenant must compensate the property owner or manager for reasonable costs to repair the damage.

If the removal of the fixture is not allowed, then the property manager might compensate the tenant for any improvement that the fixture makes to the premises. If it's a permanent fixture, then the tenant cannot remove it at the end of the agreement.

Host: Yeah, that makes sense. So what about rental premises that are part of a body corporate scheme?

Guest: Yeah, really good question. So in effect, you end up with two processes or the potential of having two processes running.

So you've got a request to your owner or the property owner or manager. And then if body corporate approval is required, so they can say, yes, you can have it. But now you've got to go through the body corporate to seek their permission at the same time. So body corporate will review and make a decision.

Now the 28 day period doesn't apply to the body corporate. So it depends, they'd need to make a decision as soon as reasonably practical. And if they do agree to the request, then the property owner must provide in writing the approval of the request and any conditions included in the body corporate agreement to the request.

Host: So what happens if the property manager or owner denies a tenant's request?

Guest: Yeah, so if the request is denied, the RTA recommends that the tenant communicates with the property manager or owner to understand why and if there is another agreement that they can come to. So if that communication doesn't lead to a resolution or an outcome that the tenant is looking for, then the important thing there is that they can request assistance through us, through our dispute resolution team.

Host: And that's the dispute resolution service, which is free and impartial here at the RTA.

Guest: It certainly is, yes. So if the issue remains unresolved after attempting dispute resolution, the tenant may then take the matter through to the Queensland Civil and Administrative Tribunal, which is QCAT, for a decision.

Host: Now what about if the property manager or owner does not respond within 28 days? Can a tenant proceed anyway?

Guest: No, they cannot. No. So the most important thing to remember here is the tenant cannot attach a fixture or make structural changes solely because the manager or owner has not responded within the 28 day time frame. The tenant would be in breach of the agreement if they proceeded with any work without approvals.

Host: So no news is not always good news.

Guest: Not in this case, no.

Host: Okay, so the 28 day period without a response does not bypass the formal process. What should tenants do in this situation if they've had no response from the property manager or owner?

Guest: Yeah, so once again, it's really important tenants and property managers or owners are following the correct procedure to ensure compliance with the requirements or the legislative requirements.

So if the tenant hasn't received that response within 28 days of submitting the Form 23, we recommend they reach out and communicate with the property manager or owner. If they can't come to a resolution, then as we mentioned earlier, come to us for free dispute resolution. And if the issue remains unresolved, then it can be escalated to QCAT.

Host: What can property managers and owners do if a tenant does not follow the correct process and attaches a fixture or makes a structural change without first obtaining approval?

Guest: Yeah, that's a really good question. If the tenant attaches a fixture or makes that structural change without approval, then it might be considered a breach of the tenancy agreement. So in that situation, the property owner or manager, they may initiate a notice to remedy breach process, or they may decide to waive the breach and treat the fixture or structural change as an improvement to the premises.

Host: Well, you've given us a lot to think about today, Marc, so I'm going to try and summarise the process for our listeners. Tenants must use a Form 23 to request permission from a property manager or owner to attach fixtures or make structural changes to the premises.

Guest: Correct.

Host: Property managers or owners may provide approval subject to conditions as agreed with the tenant and must not act unreasonably in refusing the request. They must also respond to the tenant in writing within 28 days of receiving the request. How did I go?

Guest: Yep, you've got it exactly right. So the key here is for a full overview of the process, our listeners can visit our website and view the RTA's attaching fixtures and structural changes in a rental property page. Look, it's a great representation of the different options available to both tenants and property managers and owners through that process.

Host: Thank you for taking us through the new process for requesting to attach fixtures or make structural changes, Marc. Remember, you can find more information about anything we've discussed today on our website at rta.qld.gov.au.

Guest: Thanks, it’s been a pleasure.

Host: Thank you for listening to the Talking Tenancies Podcast. For more information about the Residential Tenancies Authority, visit rta.qld.gov.au.