Since first being introduced in 2002, laws governing rooming accommodation in Queensland have been developing and evolving to meet the changing needs of the sector.
The
Residential Services (Accommodation) Act 2002 and the
Residential Services (Accommodation) Regulation 2002 was introduced on the 23 August 2002 and covered accommodation that was identified as a residential service under the
Residential Services (Accreditation) Act 2002. The Accommodation Act and Regulation were introduced in tandem with the
Residential Services (Accreditation) Act 2002 as part of an integrated strategy of legislation, resident support measures and industry assistance aimed at improving standards in the residential services sector. This sector is one of few parts of the rental market which did not have legislative protection.
The Act and Regulation apply to the residential services sector comprising of boarding houses, aged care rental complexes, hostels and rooming style student accommodation.
The aim of the Accommodation Act was to strike a fair balance between the interests of residents and service providers. It did this by setting out the rights and responsibilities of both parties in regard to the accommodation provided. It was administered by the Residential Tenancies Authority.
The
Residential Services (Accreditation) Act 2002, administered by the
Office of Fair Trading, sets up a mandatory accreditation and standards system for certain rooming accommodation facilities.
In 2003, the Accommodation Act was amended to include the coverage of off-campus rooming style student accommodation, but this type of accommodation was not considered a residential service and therefore was not covered by the Accreditation Act.
After an extensive review of Queensland's tenancy laws, the Queensland Government combined the two Acts administered by the RTA, the
Residential Tenancies Act 1994 and the
Residential Services (Accommodation) Act 2002 into one Act and updated many of the existing provisions into the new
Residential Tenancies & Rooming Accommodation Act 2008 (PDF 1.6MB). This new Act covers all types of homes rented in Queensland including houses, units, caravans, moveable dwellings and rooms.
The rooming accommodation provisions in the
Residential Tenancies and Rooming Accommodation Act 2008 and the
Residential Tenancies and Rooming Accommodation Regulation 2009 apply to the rooming accommodation sector, comprising accommodation such as boarding houses, hostels, on and off-campus student accommodation and other rooming style accommodation covered by the Act.
The key features of the rooming provisions in the Residential Tenancies and Rooming Accommodation Act remain the same as they were in the Accommodation Act, however there are new terms, new forms to be used and some different types of rooming accommodation are covered.
Laws covering rooming accommodation include requirements for:
- written rooming accommodation agreements (form R18) between providers and residents so that each party is clearly aware of their rights and responsibilities
- inclusion of standard terms and house rules in rooming accommodation agreements
- the amount of rent payable to be divided into components - amount of the rent attributable to accommodation, any food service, personal care service or other service provided to the resident
- rules made by a provider to be about in specific areas such as the use of shared facilities, parking, smoking, visitors or noise
- any house rules to be given to residents before they sign the agreement and displayed prominently in the rooming accommodation
- processes for residents to dispute rule changes.
- requirements to maintain rent receipts and records
- rent increases and decreases
- the prohibition of the seizure of a resident's goods in lieu of rent or another amount due
- the handling and lodgement of rental bonds with the Residential Tenancies Authority
- grounds for entry to rooms by providers and procedures which must be followed
- procedures to deal with disputes between residents and providers including a three-stage dispute resolution process involving self-resolution, conciliation, and if necessary, arbitration by the tribunal on specific matters as outlined in the Act
- urgent applications for residents and providers to the tribunal
- notice periods for the termination of rooming accommodation agreements either by providers or residents.
Last Updated: 01 July 2009
