Review of Residential Tenancies Act

What was the Residential Tenancies Act 1994?

The Residential Tenancies Act 1994 (Tenancies Act) outlined the rights and responsibilities of tenants, lessors, property managers and park managers involved in private residential renting in Queensland. The Act set out what they could and could not do, how to address issues that arose during a tenancy, and explained what measures could be taken if a party or parties to a tenancy breached the provisions of the law.

Why was a review needed?

The review process helps to ensure the legislation was achieving its intended purpose and that the Act remained relevant in a changing residential rental sector.

What was the review process?

There were three key stages to the review:

Stage 1. Identify the issues

• Call for general submissions about the Act (closed 28 April 2006).
• Formed a stakeholder working party comprised of representatives from the rental sector to review the submissions.

Timing: completed 2006

• Work with stakeholder working party and other clients to identify
  policy options.
• Report to RTA Board and Minister about policy options.
• Government identifies preferred policy options.
• Release of a policy review paper for public consultation about the Queensland Government's preferred options (closed 22 June 2007).
• Stakeholder working party reviewed submissions to the policy review paper.
• Report to RTA Board and Minister about submissions on the paper and stakeholder views.

Timing: completed 2007

• Government endorsement to prepare and introduce new legislation.
• Legislation drafted.
• Parliamentary debate.
• Bill passed by Parliament and assented to by the Governor.
• New legislation commenced 1 July 2009 and Tenancies Act repealed.

Timing: 2008/2009

What happened to my submission to the review?

Submissions to the call for submissions (stage 1) were reviewed by a stakeholder working party and were used to help develop the Tenancies Act Policy Review Paper - which outlines the major issues regarding the Tenancies Act and preferred policy options.

Submissions to the policy review paper (stage 2) were reviewed by the RTA and stakeholder working party. The RTA reported to the RTA Board and Minister on the submissions and stakeholder views. These submissions were considered when reviewing the preferred policy options and preparing the new Bill.

What are the amendments to the Residential Tenancies Act 1994?

The policy review paper, which outlines the Queensland Government's preferred policy options was released for public comment on 24 April 2007. Submissions on the paper closed on 22 June 2007. The paper contains an overview of matters raised, an analysis of the issues, and recommendations for change. An important recommendation in the Paper was that the Residential Tenancies Act 1994 and the Residential Services (Accommodation) Act 2002 be combined into one Act.

Download a copy of the Tenancies Act Policy Review Paper (PDF 953kB) 

Please note that the amendments proposed in the policy review paper to the water charging provisions of the Tenancies Act were passed by Parliament as part of the Water Charging and Other Legislation Amendment Act 2007. These water charging amendments to the Tenancies Act commenced generally on 1 April 2008. Find out more on the water charging amendments.

The government announced key changes to tenancies legislation as a result of the review. These changes are:

• Requiring lessors and agents to advertise rental properties with a fixed price.
• Allowing tenants to challenge excessive rent increases between agreements if they are remaining in the premises with a new agreement.
• Requiring a minimum period of six months between rent increases.
• Providing a two month notice period if a lessor wants to end a fixed term agreement without grounds.
• New grounds for lessors and agents to enter rental properties.
• Requiring lessors and agrents to provide a two hour period within which entry must occur (does not apply to entry by tradespeople).
• New requirements around the sale of rental properties.

The RTA worked with the Office of the Queensland Parliamentary Counsel to draft the new Residential Tenancies and Rooming Accommodation Act 2008. The new Act incorporates the provisions of the Tenancies Act and Residential Services (Accommodation) Act and amendments. The new Act was passed by Parliament on 2 December 2008 and commenced on 1 July 2009, repealing the Tenancies Act and Accommodation Act.

View the Residential Tenancies and Rooming Accommodation Act (PDF 1.6MB) or find out about the key changes.