RESIDENTIAL TENANCIES AUTHORITY

Making a complaint

If you think that an offence under the Residential Tenancies and Rooming Accommodation Act 2008 has been committed, call the RTA on 1300 366 311 and ask for a complaint kit to be sent to you.

The Residential Tenancies Authority (RTA) is the statutory body responsible for administering the Residential Tenancies and Rooming Accommodation Act 2008 in Queensland.

In administration of this Act, the Authority works impartially with a range of groups in the rental sector including tenants, residents, lessors, property managers, caravan park managers, residential service providers, community housing groups and industry bodies. One function of the RTA is to enforce the legislation to ensure compliance with the Acts in the community.

What the RTA can investigate

The RTA's Investigations Unit investigates alleged breaches of the offence (penalty) provisions contained in the Act.

If you are unsure whether your complaint or concern may breach any of the offence provisions, contact the RTA on 1300 366 311.

How complaints are investigated

The RTA is based in Brisbane and resolves complaints from people involved in tenancies in Queensland. Investigation officers from the RTA conduct enquiries to ascertain whether the alleged offences have in fact occurred, then decide the most appropriate to ensure the same offences do not occur again.
The RTA also conducts proactive investigations. These are investigations initiated by the RTA without a complaint being made, to ensure compliance with the Act.
Investigators are 'authorised persons' and have powers under the legislation to enter and search premises, seize documents and to require individuals and/or organisations to disclose information in certain circumstances.

Note: Obstruction of an authorised person or providing false or misleading information may be an offence.

An investigation is an impartial fact gathering assignment. Investigation officers make enquiries aimed at seeking information about an allegation following the principles of procedural fairness. All parties are given an opportunity to respond to an allegation and to provide information before the RTA decides on the most appropriate compliance action.

Compliance agenda

Action taken by the RTA is designed to:

encourage ongoing compliance with the law
educate all parties as to their obligations and responsibilities under the law.

Prosecution is conducted where other strategies have failed or are inadequate to address the seriousness of the complaint.

The RTA focuses on encouraging voluntary compliance and our first aim is to educate all parties during an investigation. Each case is assessed on its individual merits and is designed to promote ongoing compliance. Prosecutions may also be commenced when it is considered to be in the public interest or in the interests of the residential tenancies and residential services sector.

For a prosecution to commence, sufficient evidence is required to prove the allegation beyond a reasonable doubt. If the RTA takes prosecution action, you may be required to appear in court as a witness.

How to lodge a complaint

A complaint must be made in writing to the RTA. Copies of evidence (bond receipts, rent receipts, witness names, tenancy agreement, forms, entry notices etc.) must be provided before commencement of an investigation.

Time frames

The RTA receives a large number of investigation requests which means it may take up to 21 days before investigation into your complaint can begin.

The Investigations Unit endeavours to resolve matters in a timely manner. In allowing for the principles of natural justice, an investigation can take up to 12 months however, most investigations are finalised within six months.

Download this information as a fact sheet (PDF 262kb).

View a list of offences relating to the Residential Tenancies and Rooming Accommodation Act.