New Legislation –
The Housing Legislation (Building Better Futures) Amendment Act was passed by Parliament on 25 October 2017 and assented to on 10 November 2017. It contains amendments to the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).
This Act establishes the rules for residential and rooming accommodation in Queensland and sets out the rights and obligations of tenants, lessors, and agents.
What will change –
The changes to the Act allow for the development of a regulation to prescribe minimum housing standards for rental accommodation.
This will ensure a consistent standard of rental properties, improving access to safe and secure housing.
The amendments to the Act provide guidance to indicate what may be covered by the minimum standards in the regulation.
Consultation about what the standards will be, how they will be enforced and the impact on the sector will take place before the regulation is amended.
Snippet from RTA Website:
The introduction of Minimum Standards for Rental Properties is a positive move, as we believe this will reduce the poor quality of housing in the marketplace.
This will mean landlords that own investment properties in a less than standard condition will be required to bring them up to scratch or risk losing out on renters, as they will not be allowed to legally lease out their properties.
We believe that this amendment could influence the amount of property related complaints and claims in the future and could also have an impact on reducing expenses for landlords long term, ultimately providing for a more profitable property journey.
The biggest benefit to landlords doing the right thing e.g maintaining their property to a high standard is that they will no longer need to compete with landlords doing the wrong thing e.g providing sub-standard properties at lower rents.
Snippet from the legislation:
https://www.legislation.qld.gov.au/view/html/bill.first/bill-2017-004#sec.82
Chapter 1, part 3
Division 4 Prescribed minimum housing standards
17A Prescribed minimum housing standards
(1)A prescribed minimum housing standard means a standard prescribed by a regulation.
(2)A regulation may prescribe minimum housing standards for—
(a)a residential premises let, or to be let, under a residential tenancy agreement; or
(b)a rental premises; or
(c)inclusions for premises; or
(d)facilities in a moveable dwelling park (park facilities).
(3)A prescribed minimum housing standard may be for any matter relating to the premises, inclusions or park facilities, including, for example, the following—
(a)sanitation, drainage, cleanliness and repair of the premises, inclusions or park facilities;
(b)ventilation and insulation;
(c)protection from damp and its effects;
(d)construction, condition, structures, safety and situation of the premises, inclusions or park facilities;
(e)the dimensions of rooms in the premises;
(f)privacy and security;
(g)provision of water supply, storage and sanitary facilities;
(h)laundry and cooking facilities;
(i)lighting;
(j)freedom from vermin infestation;
(k)energy efficiency.
(4)If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation—
(a)if not inconsistent with the Act, must be observed in addition to that Act; and
(b)if inconsistent with the Act, is, to the extent of the inconsistency, of no force or effect and that Act prevails.
Example of inconsistency between a prescribed minimum housing standard and an Act—
A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188(2).
(5)A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced.
(6)In this section—
premises means premises mentioned in subsection (2)(a) or (b).
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