From 1 September 2023, new tenants will have the option to end a tenancy within the first 7 days of occupying the rental property if they believe it does not meet minimum housing standards. This builds on existing legislation, which allows tenants to end a tenancy within the first 7 days of living at the property if it is not fit to live in, unsafe, or not in good repair.
If the tenant chooses this option, they will need to issue the property manager/owner with a Notice of intention to leave (Form 13) on the grounds that the property does not meet minimum housing standards, giving at least 14 days’ notice to end the tenancy for a general tenancy agreement.
If the property manager/owner believes the property is in good repair and meets minimum housing standards, they may treat this as breaking the lease and seek compensation. If this occurs and the property manager/owner and the tenant cannot come to an agreement around compensation, either party can request free RTA dispute resolution.
If the tenant and the property manager/owner still cannot come to an agreement, the party who requested dispute resolution can take the matter to Queensland Civil and Administrative Tribunal (QCAT), which has the authority to issue legally binding orders.