Social housing

Social housing is an alternative to the private rental market for people who need housing. In Queensland, there are two types of social housing:

  • public housing, which is managed by the Department of Housing and Public Works (the department)
  • community housing, which is delivered by non-government organisations, local governments and community organisations.

Public and community housing tenancies are covered by the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), but exemptions and additional rights apply.  

Tenancy agreements

Tenants renting directly from the department will have a State tenancy agreement with the Queensland Government. The agreement is a legal contract between the department and the tenant which outlines rights and obligations of both parties.

Community housing organisations will provide written general tenancy agreements or rooming accommodation agreements outlining rights and obligations.  

Exemptions and additional rights

Certain sections of the Act have exemptions or additional rights if managed by a public or community housing provider. The main differences are outlined below.  

Rent increase exemptions

If a community housing provider receives funding under the Housing Act 2003 or the Community Services Act 2007 and the rent payable is determined by household income, the provider has an exemption and is not required to:

  • provide tenants with evidence of previous rent increases
  • wait 12 months between rent increases.

Requests to transfer a tenancy or sublet

Tenants need to seek agreement in writing from their housing provider to transfer their tenancy to someone else or sublet the property if:

  • they live in Queensland Government public housing
  • they live in community housing, and their housing provider receives financial or other help from the Queensland Government to supply rented accommodation.

The provider is not required to be reasonable when considering the request.

The tenant may not apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order to change the housing provider’s decision.  

Notice to leave because of serious breach

Public or community housing providers can give a tenant notice to leave due to a serious breach. The minimum notice period is 7 days.

The housing provider may give notice if they reasonably believe the tenant, an occupant, a guest of the tenant or a person allowed on the property by the tenant has:

  • used the property or any property adjoining or adjacent to it for an illegal activity
  • destroyed or seriously damaged a part of the property
  • endangered another person in the property or nearby
  • interfered significantly with the reasonable peace, comfort or privacy of another tenant.

A housing provider may form a reasonable belief that a property has been used for an illegal activity regardless of whether anyone has been convicted or found guilty of an offence.

Applications to QCAT for a termination order

Managing parties can make an urgent application to QCAT for a termination order due to:

  • objectionable behaviour – if the tenant uses verbal abuse, harassment, intimidation, or causes serious nuisance or danger
  • damage or injury – if the tenant has damaged the property or injured people.  

However, in public and community housing, providers can also apply for termination for the above reasons if the behaviour, damage or injury was from an occupant, a guest of the tenant or a person allowed on the property by the tenant.

Accommodation not covered by the Act

Some types of accommodation that may be provided by community housing providers are not covered by the Act, such as crisis and emergency accommodation, and the first 13 weeks of approved supported accommodation.

Support from the RTA

Public and community housing tenants, residents and providers can access information on the RTA website and contact us for information, noting the exemptions above.  

More information

Visit the department’s page on Public and community housing, or contact your local Housing Service Centre.

If you are experiencing homelessness or are at risk of homelessness, call the Homeless Hotline on 1800 474 753.

Organisations can find out more about registering to become a community housing provider and managing community housing tenancies at Business Queensland community housing providers.