The Residential Tenancies Authority (RTA) is supporting property managers and owners, tenants and residents across Queensland in understanding and applying recent changes under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).

Over the past year, a series of important updates have come into effect, starting on 30 June 2024, with further changes introduced on 30 September 2024 and 1 May 2025. These updates include changes to areas such as identity verification during the application process, the handling of personal information, reletting costs, and streamlining the application process.

Verifying identity during the application process

While the Act doesn’t define or provide specific examples of an identity document, the primary purpose of the document is to verify an applicant’s identity. Identity documents typically include documents issued by government authorities, such as passports, drivers licenses and birth certificates, and other forms of personal identification.

When verifying their identity, applicants may either:

• provide a copy of the original identity document, or
• allow the property manager or owner to access or sight the original identity document in person.

If the property manager or owner sights the applicant’s identity document in person, the property manager or owner may take notes about the document. These may include that the document was sighted, the document type and its number. Only information that is reasonably necessary for assessing the applicant’s suitability should be recorded.

The making of a physical or electronic note at the time of viewing the document does not count as ‘keeping a copy’. However, taking a photocopy, scan or photograph of the original identity document is considered ‘keeping a copy’, which can only be done with the applicant’s consent. Keeping a copy of an identity document without the applicant’s consent is an offence under the Act (maximum 20 penalty units).

Destruction of personal information

The Act refers to personal information as information or opinion about a specific person, or someone who can be reasonably identified, whether the information is true or not. It includes whether the information is recorded or not and photographs or images of someone’s personal possessions or standard of living. This includes photographs taken during property inspections. Personal information can only be collected if it is relevant to the application process or management of the property.

Property managers and owners have responsibilities for personal information which is collected and stored during the application process and throughout the tenancy agreement.

On 1 May 2025, a new requirement to destroy personal information after seven years was introduced. This rule only applies to tenancy agreements that are active as at, or began after, 1 May 2025. This requirement does not apply to tenancies that ended before 1 May 2025, meaning personal information from earlier agreements is not required to be destroyed immediately.

Reletting costs

From 30 September 2024, new rules apply for calculating reletting costs for fixed-term tenancy agreements less than three years.

Reletting costs must reflect whichever is the lesser amount:

• a capped amount based on how much of the lease term has been completed (1, 2, 3 or 4 weeks), or
• the actual rent lost during the time the property remains vacant before a new tenant begins their lease.

Example 1: A tenant ends their lease early and the calculated reletting cost is 3 weeks rent. However, a new tenant moves in after one week, so the previous tenant only pays one week’s rent because that is the lesser amount.

Example 2: A tenant ends their lease early and the calculated reletting cost is 2 weeks rent. It takes 3 weeks to find a new tenant, but the tenant only pays 2 weeks rent because that is the lesser amount.

If a matter is taken to the Queensland Civil and Administrative Tribunal (QCAT), the tribunal will use the reletting cost caps based on how much of the lease has passed, meaning they will only award compensation of 1, 2, 3 or 4 weeks rent, even if higher amounts are claimed.

We encourage property managers and owners to become familiar with this approach and integrate it into their processes. This framework will help prevent disputes in future.

Rental application process

From 1 May 2025, a standardised rental application form must be used when a tenant is applying for a rental property. The Rental application (Form 22) is the standardised application form for a general tenancy or moveable dwelling tenancy and the Rental application – Rooming accommodation (Form R22) is the standardised application form for rooming accommodation.

The RTA encourages property managers and owners to use the application form available on the RTA website to avoid non-compliance with the Act and to ensure the latest form is being used. Non-compliance is an offence under the Act (maximum 20 penalty units).

Property managers and owners must also provide at least 2 different ways for applicants to submit their application. One of the ways must not be restrictive. The maximum penalty for non-compliance is 20 penalty units.

There are also new guidelines on what information property managers and owners may request from prospective tenants during the rental application process.

For more information, read a summary about the legislative updates.