- 22 Mar 2024
- 6 min read
- By the REIQ
New Housing Bill introduced - Continuing Professional Development and Stage 2 Rental Law Reforms
On 21 March 2024, the Minister for Housing, Local Government and Planning and Minister for Public Works introduced the Residential Tenancies and Rooming Accommodation and Other Legislation Bill 2024 (the Bill) into Parliament.
The Bill introduces:
- the Stage 2 rental law reforms to amend the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act); and
- continuing professional development (CPD) for all property agents in Queensland.
The following reforms to the RTRA Act are proposed in the Bill:
- Alterations to a property
- a head of power for safety, security or accessibility modifications
- a new process for the lessor to approve or refuse a tenants request for fixtures to be attached or structural alterations within a prescribed time limit
- Rent
- rent greater than the listing price can no longer be accepted
- rent in advance greater than the statutory limits can no longer be accepted
- rent increase frequency limit of 12 months will attach to the property, not the tenancy agreement
- a tenant can request evidence of the last rent increase including obtaining a copy of the last tenant’s tenancy agreement and the rental ledger
- if a lessor will suffer undue hardship, they may apply to QCAT for an order to increase rent
- a tenant must be provided with at least one fee-free method of rent payment
- Fees
- the lessor must provide the bill/account issued by the service provider to the tenant within 4 weeks of receipt, or the tenant does not have to pay for it
- reletting costs will be capped and based on a set formula depending on the time left on the tenancy
- Entry
- new ground to allow entry for smoke alarm compliance
- Limitations on entry when a Notice to Leave or Notice of Intention to Leave is given
- Extending notice periods from 24 hours to 48 hours
- Code of Conduct – a new rental code of conduct for tenants, lessors, property managers, providers or residents
- Privacy
- A new approved form for tenancy applications
- Only prescribed information and documents can be requested from the tenant
- If a person collects personal information from an applicant, it must be securely stored and destroyed within 3 months
- Bond
- a lessor will need to provide evidence supporting a claim on the bond within 14 days of making a claim or dispute resolution request for payment of bond
- a head of power to establish a future portable bond scheme
The REIQ has released a Position Statement including detailed information about the proposed Stage 2 Rental Reforms, REIQ’s position and an invitation to REIQ members to provide feedback.
Continuous professional development (CPD) for property agents in Queensland
The Bill establishes a framework for CPD for all property agents in Queensland, whereby property agents will be required to complete CPD requirements each year.
CPD requirements will be determined by the Office of Fair Trading (OFT), as advised by a stakeholder advisory panel including the REIQ. The requirements will then be published on the OFT’s website.
Property agents will need to provide a statement to the OFT confirming what CPD requirements have been undertaken each CPD year when renewing a real estate license or registration.
The CPD regime will apply to residential sales agents, property managers, resident letting agents, buyer’s agents, auctioneers, commercial sales and leasing agents, commercial property managers and business brokers.
The REIQ has prepared a Position Statement including detailed information about the proposed CPD framework, REIQ’s position and an invitation to REIQ members to provide feedback.
Consultation
The Bill was referred to the Housing, Big Build and Manufacturing Committee of the Queensland Government for consultation. The REIQ intends to participate in the Committee hearing process, to advocate for fair and balanced rental laws.
Although we are supportive of some of the proposed reforms, there are very clear challenges with many of the proposals that need to be addressed.
If you want to have your say, please review the above Position Statements and provide your feedback to advocacy@reiq.com.au so we can consider all perspectives when advocating for changes to the Government. Feedback must be provided by no later Friday 5 April 2024.
It is important to remember that this Bill is not yet law.
The REIQ will keep members updated through the Parliamentary process and will provide updates when the Bill does eventually become law.
To stay up to date, make sure you have subscribed to the REIQ Journal.
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