Rent in rooming accommodation fact sheet
Rent payments for rooming accommodation in Queensland are covered by the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).
Changes to Queensland rental laws came into effect from 6 June 2024. Further changes began on 30 September 2024. Learn more.
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) contains the rules covering rooming accommodation such as boarding houses, hostels, and off-campus student accommodation in Queensland.
Rent
Rent accrues on a daily basis while the resident occupies the room or holds the room after ending the Rooming accommodation agreement (Form R18).
Providers/agents can not take or dispose of a resident’s property or goods in return for unpaid rent, other monies owed, or for damage to premises. Penalty provisions apply.
Ways of paying rent
Providers/agents must offer residents at least two options to pay rent. One of these options must not exceed reasonable transactional costs (costs beyond in addition to standard bank transaction fees), and it must be reasonably accessible to the resident.
Before signing a tenancy agreement, providers/agents must provide a written notice outlining any associated costs incurred by using the payment methods offered. This is because providers/agents should be aware of costs associated with the offered payment methods, especially if these costs are not reasonably known by the resident.
Additionally, from 1 May 2025 providers/agents must disclose any financial benefits they may receive if the resident uses a specific rent payment method. For example, if a provider/agent receives an incentive payment from a third-party platform or a share of the fees charged by the platform, it must be disclosed to the resident upfront.
If the provider/agent wants rent to be paid by a way not listed above, two other ways that are listed must also be offered to the resident. The provider/agent must also tell the resident about any costs associated with the way of paying rent that is not listed.
By law, residents must pay their rent on time and at the place stated in the agreement.
If the provider/agent gives the resident a written notice changing the location where rent is to be paid and it is a reasonable place, the resident must pay at this location.
Rent receipts and records
Providers/agents must give residents receipts for all rent payments made in cash at the time the payment is made. Receipts must also be given to residents when payments are made by other methods, if they request a receipt.
Receipts must state:
- the resident’s name
- the address of the rental premises
- the number of the resident’s room
- the date the payment is received
- the period for which the payment is made
- the amount of the payment
- that the payment is a payment of rent, and
- the individual amounts for any services provided such as food or personal care.
Providers/agents must keep records of rent payments for at least one year after the agreement has ended. Penalties apply for false or misleading entries made in rent records or for failing to keep records.
Rent in advance
Residents can only be charged up to a maximum of two weeks rent in advance.
From 6 June 2024, a provider/agent cannot, at the start of a new tenancy, solicit, accept or invite a resident to pay more rent in advance that exceeds two weeks rent, even if a prospective resident makes an offer to pay more than the amount prescribed in the legislation. This is an offence under the Act, with a maximum penalty of 50 penalty units.
Note: throughout the course of a tenancy, a resident may negotiate how much rent in advance can be paid.
Rent increases
The provider/agent must not increase, or propose to increase, the rent payable by a resident less than 12 months after the last rent increase for the resident’s room.
Where it has been 12 months or more since the last increase for the resident’s room, the provider/agent must give at least four weeks notice in writing that rent will be increased. This notice must say how much the rent will increase by and when the increase will happen.
Rent may only be increased during a fixed term agreement if the agreement says it can be increased, and how this increase is to be worked out.
If the provider/agent prepares a new Rooming accommodation agreement to renew an existing tenancy, provision for an increase in rent at the beginning of the agreement may be made. In this circumstance, there is no need to give four weeks notice as the rent increase is part of a new agreement, not an alteration of the existing one.
These rules do not apply if the resident and provider/agent agree to vary the rent required because there has been a change in the services they provide. This can happen without issuing notices.
Rent increase requirements do not apply to exempt providers. The Act provides definitions for an exempt provider.
The requirement to provide evidence of a rent increase does not apply if the premises is purchased between 6 June 2023 and 6 June 2025 and the new owner or provider does not have information about the previous rent increase. For properties being rented for the first time the date of the last rent increase is the date the property is first rented. For more information, please visit our Rent increases webpage.
Note: If there is a fixed term agreement in place which is to become a periodic agreement, then four weeks notice in writing can be given prior to or on the commencement of the periodic agreement. However, the rent increase can only take effect at least four weeks after the commencement of the periodic agreement.
Rent decreases
Rent may be decreased because:
- there is a drop in the standard of the room or service
- there is a decrease in services provided
- the resident is not receiving a personal care service because they are away
- the resident is not receiving a food service because they have been away for more than two weeks.
If the resident and the provider/agent can not agree about the decrease, either may apply to the RTA's dispute resolution service for assistance.
Rent arrears
Rent arrears are to be dealt with in accordance with the Act, adhering to notice periods and issuing notices.
If a resident is behind in their rent payments, the provider/agent can issue a Notice to remedy breach – Rooming accommodation (Form R11) immediately if the resident has been there for less than 28 days. However, the Act states that if the resident has been there for more than 28 days, a notice can not be issued until the rent has remained unpaid for two days.
When the provider/agent issues a Notice to remedy breach – Rooming accommodation for not paying the rent, the resident must be given time to pay the rent owing:
- if the resident has been living in the accommodation for less than 28 days, the provider/agent must give them at least two days notice to pay the rent
- if they have been living in the accommodation for more than 28 days, the provider/agent must give them four days notice.
A Notice to leave – Rooming accommodation (Form R12) may be issued if the resident has not paid the rent by the due date on the Notice to remedy breach – Rooming accommodation.
See the flow chart below for more information.
Issuing a Notice to remedy breach – Rooming accommodation (Form R11) for non-payment of rent flow chart
Charges for utility services
A resident can not be charged for a utility service payable by the provider/agent (such as electricity, gas and water), unless the room is separately metered for the utility service. The resident can not be asked to pay more than the provider/agent has been charged for the service used by the resident. There can be no profit or additional charge levied on the resident.
If the rooming accommodation agreement requires the resident to pay for a utility service, the provider/agent must give the resident a copy of the document from the utility supplier showing the amount charged. The provider/agent must provide this document within 4 weeks of receiving it or the resident is not required to pay for the utility service.
Dealing with disputes
Disagreements may arise between residents and providers/agents about rent, rent increases or rent arrears.
Residents and providers/agents can usually resolve their disputes by talking to each other and finding out about their rights and responsibilities under the Act. If this does not work, the RTA’s dispute resolution service may be able to help. If they still cannot agree after dispute resolution with the RTA, an application may be made to the Tribunal for a decision.
Residents and providers/agents can request free RTA dispute resolution quickly and easily online via the Tenancy Dispute Resolution Web Service. Customers who cannot access Web Services can request RTA dispute resolution via the paper Dispute resolution request (Form 16).
Further information
For more information contact the Residential Tenancies Authority.
Accessing RTA forms
The RTA’s forms can be obtained electronically or in person by contacting us.
Other languages: You can access a free interpreter service by calling the RTA on 1300 366 311 (Monday to Friday, 8.30am to 5.00pm). |