New rental laws passed in Queensland

New rental laws to assist Queensland tenants and landlords during the COVID-19 pandemic were passed in state parliament on Wednesday night.

The new guidelines, as part of the Queensland Government’s COVID-19 Emergency Response Bill 2020, aim to protect tenants who can’t pay their rent due to the coronavirus crisis from eviction.

Landlords must abide by a six-month moratorium on eviction and tenants can ask for a reduction in rent as long as they can prove they have been impacted by COVID-19.

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To be considered “impacted by COVID-19”, a tenant has to have:

• lost income of 25 per cent or more
• rent payable is 30 per cent or more of their income
• have COVID-19
• care for someone who has COVID-19
• or are subject to quarantine

Upon request, tenants are required to provide documents such as prior income, government income support, a job termination letter or medical certificate to prove they are impacted by COVID-19.

Together

Tenants and landlords are then encouraged to agree on solutions together but if they can’t or for any requests for rent variation, gaining entry to properties for maintenance or ending agreements, it is mandatory to use the Residential Tenancy Authority’s conciliation service.

In the event of unsuccessful conciliation, the tenant must keep paying the rent required or “as much as they can afford” while the matter is referred to the Queensland Civil Administrative Tribunal (QCAT).

Landlords reliant on rental income to meet the costs of living can discuss this with their tenant during the conciliation, however they may be required to provide documentation to prove their position.

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Together, tenants and landlords should discuss the new rent amount, its duration and when it will be reviewed.

Then, moving forward:

Tenants

Tenants must notify landlord if there is an increase or decrease in total household income.

If there is a change to household circumstances, tenants can ask for the rent amount to be reviewed anytime during the agreed variation.

Tenants can request a shorter term on fixed term agreements due to expire during COVID-19, otherwise they will be extended until September 30, 2020.

Tenants can refuse physical entry to a property for non-essential reasons but must agree to virtual inspections.

Landlords

If landlords wish to sell the property or if they or immediate family need to move in they must give two months’ notice to the tenants.

For full details, see the COVID-19 Emergency Response Bill 2020 tabled in parliament, here.