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Ask the RTA

Jan 2016

Tenants want to know what happens when their rental property is up for sale and who is responsible for maintenance and repairs.

Got a tenancy question you need answering? Send your tenancy questions to openhouse@rta.qld.gov.au.

How much notice does the agent need to give us if they sell our rental property?

The rental property I live in is up for sale. We still have 4 months left on our tenancy agreement and don’t want to move out. If the property is sold and the new owners want to move in how much notice does the agent need to give us?

Answer

The tenant cannot be required to leave before the end of a fixed term agreement unless the tenant and new (or old) property owner/manager agree.

In a periodic agreement, the current owner is required to provide a minimum of 4 weeks notice to the tenant when the new owner wants vacant possession of the property.

Can my property manager tell me how to keep the property maintained during the tenancy?

Can my property manager tell me (a tenant) how to keep the property maintained during the tenancy?

Answer

The property manager can remind the tenant they are required under Queensland tenancy laws to keep the property clean and undamaged.

Repairs or maintenance are the property owner/manager’s responsibility – they have to ensure the place is kept in a good state of repair through the tenancy.

Also, remember that the tenant is entitled to quiet enjoyment of the rental property.

Who is responsible for cleaning air conditioner filters and roof gutters?

Who is responsible for cleaning air conditioner filters and roof gutters, owner or tenant?

Answer

The property owner/manager must keep the rental property and any fixtures and inclusions in a good state of repair, and the tenant must advise the owner/manager of any maintenance or repairs that are required.

Arrangements about maintenance of specific items such as air conditioners should be included in the special terms of the tenancy agreement.

Generally, if a tenant has not done anything to block the gutters, the owner/manager will be responsible for cleaning them.