Before signing a Rooming accommodation agreement (Form R18) the resident should be given a copy of the house rules.
When the resident signs the agreement, they are also agreeing to the house rules. If they break a house rules, they are breaking the agreement.
The resident should be able to see the house rules on a wall or notice board and have their own copy.
There are 2 types of house rules:
- prescribed (applies to all rooming accommodation in Queensland) and
- rules made by the property manager/owner
Resident and guest behaviour: residents and their guests must not interfere with the reasonable peace, comfort and privacy of other tenants.
Maintenance of rooms: Residents must maintain their rooms in a way that does not interfere with the reasonable comfort of other residents, and in a way that does not create a fire or health hazard. Tenants must not intentionally or recklessly damage or destroy any part of their rooms or a facility in their rooms.
Common areas: Common areas are areas shared by different residents. They may include a television room, bathroom, kitchen, hallway or yard. The property manager/owner must take reasonable steps to make sure the common areas and facilities are kept safe, clean and in good repair. Tenants must make sure they and their guests leave common areas neat, clean and tidy after using them.
Guests: Residents must make sure their guests are aware of, and follow, the house rules.
Access to residents’ rooms: The property manager/owner must not enter a residents room other than as allowed under the Act. The property manager/owner must also take reasonable steps to ensure residents have quiet enjoyment of their rooms.
Door locks and keys: Residents must not tamper with, or change, a door lock on the property, or make copies of keys without permission.
Animals: Residents must not keep an animal on the property without the permission of the property manager/owner.
Rules that can be made by the property manager/owner:
- using shared facilities
- drinking alcohol or illegally consuming drugs
- making noise, or
- keeping pets
House rules must not be in conflict with the prescribed rules.
The property manager/owner can make house rules to meet specific needs (e.g. accommodation for shift workers may leave the kitchen open 24 hours a day, and have a rule stating residents must keep noise to a minimum between 11.00pm and 6.00am).
If a resident breaches a house rule, they breach their rooming accommodation agreement and the property manager/owner can issue a Notice to remedy breach. If it is a serious breach of the house rules (e.g breaking the law using or dealing drugs), the property manager/owner may end the tenancy.
Objecting to existing rules
A resident can apply to QCAT about an existing house rule they believe is unreasonable. They must also demonstrate other residents believe it is unreasonable. Before making a decision, QCAT will consider how other tenants will be affected by a rule change.