As Queensland’s rental authority, the Residential Tenancies Authority (RTA) is continuing to administer the legislation and providing training, education, forms, resources, compliance and support services to guide tenants, property managers and property owners through the important changes to rental laws coming into effect on 1 October 2022.
Below are some frequently asked questions and scenarios to clarify when and how the tenancy law amendments taking effect from 1 October 2022 apply, when certain actions can be taken and how you can remain compliant with your rights and responsibilities during this transition.
Frequently asked questions and common scenarios: which laws apply and when?
When should a Notice to Leave be issued for the end of a fixed term tenancy?
A Notice to Leave can be issued for the end of a fixed term tenancy up to one day prior to the end of a fixed term tenancy without the tenancy reverting to a periodic tenancy, providing the correct timeframe has been applied. For example, a Notice to leave has been issued on 14 November 2022 providing two months’ notice to leave for the end of a fixed term tenancy that expires on 15 November 2022, after the 15 November 2022 the tenancy does not revert to a periodic tenancy and the tenants have until the expiry date on the notice to vacate.
What happens if a tenant is issued a Notice to leave for the end of a fixed term tenancy that expires after the end date of their fixed term tenancy? When can they vacate and will they be responsible for any break lease costs?
- A fixed term tenancy ends on 1 March 2023
- The tenant is issued with a Notice to leave for the end of a fixed term tenancy on 15 February 2023
- The Notice to leave provides the required two months notice
- The notice expires on 15 April 2023
- If the tenant vacates prior to 1 March 2023 (end of the fixed term) the tenant may be responsible for reasonable re-letting costs as they vacated prior to the end of their fixed term agreement.
- If the tenant vacates on or after 1 March 2023 but before the 15 April 2023, they can do so provided the appropriate notice has been given.
Can a Notice to Leave for “end of a fixed term agreement” be issued before 1 October if it expires after this date?
No, the notice is invalid even if the expiry of the fixed term agreement falls after 1 October 2022. However, if the notice is issued on or after 1 October 2022 the notice is valid, providing the correct timeframe has been applied.
If a tenant is on a periodic tenancy agreement, can a Notice to Leave without grounds be issued on or after 1 October 2022?
No, however a Notice to Leave without grounds can be issued up to and including 30 September 2022 and the notice remains effective after 1 October 2022 providing the correct timeframe has been applied.
What happens after 1 October 2022 if a Notice to Leave or Notice of Intention to Leave is issued before 1 October 2022?
The notice remains valid providing the correct timeframe has been applied.
Can a periodic tenancy still be ended after 1 October 2022?
Yes - a periodic tenancy can be ended in a number of ways including:
- For an unremedied breach that is a failure to pay rent
- Unremedied breach that is any failure other than a failure to pay rent
- Noncompliance (tribunal order)
- Compulsory acquisition
- Sale contract
- Ending of entitlement (employment)
- Ending of accommodation assistance
- Ending of housing assistance
- Serious breach (public and community housing)
- State government program
- Demolition or redevelopment
- Significant repairs or renovation
- Change of use
- Owner occupation
- Mortgagee in possession
- Tribunal order (urgent application) for:
- Failure to leave
- Damage or injury
- Objectionable behaviour
- Repeated breaches
What is the process if a tenant has issued a lessor with a Notice to Remedy Breach for a routine repair before 1 October 2022, and the repair remains unresolved after 1 October 2022?
The tenant should follow the process in the pre-amended RTRA Act, because the process commenced before 1 October 2022.
What happens if a tenant believes a lessor has taken retaliatory action after 1 October 2022 as the result of action a tenant took prior to 1 October 2022?
A tenant can make an application to the Tribunal about retaliatory actions of a lessor that occurred prior to 1 October 2022 providing that the application is still made within the required timeframes under the RTRA Act.
What if a pet is already approved (prior to 1 October 2022) to be kept in a rental property, does another approval need to occur after 1 October?
Approval for a pet given prior to 1 October 2022 will still apply after this date. However, all conditions about keeping the pet must comply with the amended RTRA Act.
How is a pet request managed when a rental property is subject to body corporate by-laws?
A body corporate committee may also be required to approve pets where a property is subject to by-laws and the committee process may take more than 14 days to consider the request. A landlord may refuse a pet approval application on the basis that approval would contravene a body corporate by-law applying to the premises – this would apply if body corporate approval was required under the relevant by-laws and had not yet been obtained. Tenants are encouraged to refer to their by-laws to identify any restrictions about pets before considering making a request or commitment to keep a pet as breaching by-laws is a breach of a tenancy agreement. Tenants can dispute a body corporate committee’s decision through the Body Corporate and Community Management Commission.
Visit our rental law changes resources webpage for new and regularly updated information and resources to understand how the new tenancy laws coming into effect from 1 October 2022 may impact you.
Note: While the RTA makes every reasonable effort to ensure that information on this website is accurate at the time of publication, changes in circumstances after publication may impact on the accuracy of material. This disclaimer is in addition to and does not limit the application of the Residential Tenancies Authority website disclaimer.