What happens in an investigation

Update

Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.

Customers can request an investigation by submitting an Investigation request form to the RTA.

Once the RTA receives the form, it will be assigned to an investigator within 2 weeks (this may be longer in peak periods).

It is important to carefully read and provide all the requested information when submitting the form. The investigator will assess the information provided, including whether the matter is suitable for investigation and will contact the customer for any further information required.

The RTA is a regulator and is therefore committed to conducting investigations in a way that is fair and equitable to both parties.

Responding to allegations

If an offence is identified, the other party involved will be notified in writing. The letter outlines the allegations made, including the name of the customer and the relevant section/s of the Act.

The party will be provided a chance to formally respond and provide their own evidence. There is no obligation to participate in the investigation process. Any information provided may be used as evidence in court.

Investigation outcome

The investigator will carefully consider all the information and evidence provided by all parties to determine if an offence has occurred. Where an offence has occurred, the investigator will provide an outcome in proportion to the offence:

Several factors are considered when determining which outcome to take.

The parties involved will be notified of the outcome before the case is closed. 

Timeframe

An investigation may take anywhere from a few weeks to several months, depending on the complexity and seriousness of the case. The investigator will discuss individual case length with the customer.

Investigations that proceed to prosecution may take over a year to finalise at court.

RTA investigators

Investigators have powers under the Act to search a property, inspect documents and require individuals and/or organisations to disclose information in certain circumstances. Investigators do not have the power to recover bond money or order compensation to be paid.

Frequently asked questions

Whose side is the RTA on?

The RTA is a regulator and is therefore committed to conducting investigations in a way that is fair and equitable to both parties. The RTA does not take sides.

Can an investigation get my bond money back?

Investigators are unable to recover bond money. If you are trying to recover money owed, you will need to lodge a Dispute resolution request. If the dispute resolution process is unsuccessful the matter may be taken to the Queensland Civil and Administrative Tribunal (QCAT).

What action or punishment will the RTA take against the other party in my case?

Each case is different and assessed on its merits. While the circumstances of your case may have been difficult, the aim of an investigation is to increase the level of future compliance as opposed to retaliation.

How long will the investigation take?

An investigation may take from a few weeks to several months, depending on the complexity and seriousness of the case. Timeframes may be longer during peak periods. The Investigator will discuss individual case length with each customer.

Investigations that proceed to prosecution may take over a year to finalise at court.

What is the difference between an investigation and a dispute resolution matter?

An investigation is a process where the RTA as a regulator determines if an offence has occurred. An investigation may be initiated via a request from a customer or as a proactive program of work eg:an examination of documents. The outcome of the investigation is focused on future compliance.

Dispute resolution provides free conciliation to help people resolve tenancy disputes. The conciliation process is confidential. The conciliator does not provide the information shared in the process if the matter later forms part of an investigation.

I just received an allegation letter from the RTA. What happens now?

It is alleged that you committed an offence under the Act. As a regulator, the RTA is examining the evidence and as part of the process we will ask for your version of events. Please read the allegation letter carefully as it outlines the process and your options.

Can I make an anonymous investigation request to the RTA?

The RTA can receive anonymous investigation requests however will be unable to investigate the matter if it relates directly to a tenancy. The RTA requires the ability to speak with both parties to an investigation to determine whether an offence has occurred.

I am being evicted on unfair grounds. Can an investigation stop the eviction?

If you have been issued a Notice to leave (Form 12) you have 4 weeks to apply to QCAT to contest the notice. Information is available on retaliatory evictions.

An investigation will not prevent an eviction from happening.

Should my complaint be investigated by the RTA or by the Office of Fair Trading (OFT)?

Customers can make an investigation request to the OFT about licensed property managers who have:

used rent money for another purpose within the tenancy (e.g. to cover a water bill or to pay for repairs)
failed to lodge a bond with the RTA.

However, if the investigation request involves another matter in addition to the offences mentioned above (e.g. unlawful entry), the request should be made in full to the RTA. The RTA also retains all other investigation requests under the RTRA Act, including all investigations into alleged offenses committed by a private lessor or tenant.

Residential Tenancies Authority

Compliance & enforcement

What happens in an investigation