Three key changes for residential tenancies came into effect came into effect on 1 October 2022.

Landlords and tenants have a wider range of specific reasons for ending a tenancy

Landlords can no longer end a tenancy agreement without a specific reason (formerly known as without grounds). Reasons for a landlord ending a tenancy agreement include:-

• Tenant’s un-remedied breach
• End of a fixed term agreement
• The tenant has abandoned the property
• The property is being sold
• The property is partly or wholly destroyed or can no longer be used as a dwelling
• The property requires significant repair or renovation
• There is planned demolition or renovation
• The landlord requires the property for his/her occupation
• The sole tenant dies
• The tenant fails to comply with an order of the Tribunal
• The landlord requires the property for a use other than residential property
• The property has been compulsorily acquired by an authority

Other reasons may apply in specific circumstances.

Reasons for a tenant to end a residential tenancy include:-

• Landlord’s un-remedied breach
• The property is partly or wholly destroyed or can no longer be used as a dwelling
• Death of a co-tenant where it would be impractical or would cause excessive hardship for the surviving co-tenant to continue
• The sole tenant dies
• The property is to be sold (conditions apply)
• The condition of the property
• The landlord fails to comply with a repair order
• The landlord fails to comply with an order of the Tribunal
• The property has been compulsorily acquired by an authority

Other reasons may apply in specific circumstances.

A framework have been introduced to support negotiations for renting with pets

A pet is a domesticated animal or an animal which is dependent upon a person for the provision of food or shelter and does not include a working dog or an animal prescribed by regulation not to be a pet.

Tenants must seek landlord approval to keep a pet at rented premises.

Landlords may refuse the request based on specific reasons under the legislation or grant the request with reasonable conditions as agreed with the tenant.

The landlord must respond to the tenant’s request within 14 days otherwise the request is deemed to be approved.

Repair orders have been introduced as an additional remedy for tenants to have repairs addressed in a timely manner

Landlords and tenants are encouraged to discuss repairs and a realistic timeframe for repairs to be carried out.

If self-resolution is unsuccessful then a Notice to Remedy Breach continues to be an option.

Tenants now have a further remedy in applying to Queensland Civil and Administrative Tribunal for a repair order for routine and emergency repairs.

If granted, a repair order will continue until the works have been completed and does not expire when a tenancy agreement ends nor if the property is sold.

The above is merely a brief overview. The legislation deals with the issues in greater detail. Each case will need to be considered on its own merits.

Contact Us

Get the best representation. Contact our expert property & business lawyers on 1800 999 529, email mail@rmold.newwebsite.live or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.