When it comes to managing your investment, understanding your due diligence is crucial. Keeping up to date with new tenancy laws in Queensland can be tricky, so let us take care of the details. We’ve put together a handy summary to let you know the major changes coming into effect on 1 October 2022.
Key changes: PETS
- You can no longer say “no pets allowed” or apply a blanket pet exclusion. You must have a specific reason under set grounds to refuse a tenant’s request to keep a pet.
- Conditions for keeping a pet at your property must comply with set requirements.
- A new definition for pets and working dogs has been introduced (see more below).
New definition of Pet and Working Dog
A “pet” is now defined as a domestic animal or an animal that is dependent on a person for the provision of food or shelter.
Please note:-this doesn’t include a working dog or animal prescribed by regulation not to be a pet. This means a tenant can keep a working dog at your property without your approval.
A working dog is:
- An assistance dog, guide dog or hearing dog under the Guide, Hearing and Assistance Dog Act 2009, schedule 4.
- A corrective services dog under the Corrective Services Act 2006, schedule 4.
- A police dog under the Police Powers and Responsibilities Act 2000, schedule 6
- These will apply from 1 October 2022.
Need more information? Read the REIQ Factsheet.
Key changes: TERMINATING LEASES
There are now new grounds for which you can issue a Form 12 Notice to Leave and changes to the notice periods. From October 1, 2022, you’re no longer able to end a periodic agreement by issuing a Form 12 Notice to Leave without grounds.
Notice to Leave Form 12 – Grounds
New Grounds |
Notice Period |
|
for State government program |
2 months’ notice period and only at the end of term |
|
for demolition or redevelopment |
2 months’ notice period and only at the end of term |
|
for significant repair or renovations |
2 months’ notice period and only at the end of term |
|
for change of use |
2 months’ notice period and only at the end of term |
|
for ending of entitlement to student accommodation if the tenant is no longer a student |
1 month notice period |
|
for owner occupation by the lessor or a relative of the lessor. You may give a notice to leave to the tenant if yourself or your relative needs to occupy the property |
2 months’ notice period and only at the end of term |
|
for end of fixed term tenancy agreement – without grounds |
2 months’ notice period |
Periodic VS Fixed Term Agreements
If your tenant is on a periodic agreement, you might want to change this to a fixed-term agreement before these changes come into effect.
If your tenant is on a fixed term agreement, we will seek your instructions to offer the tenant a new fixed term agreement at the end of their current term.
Form 13 Notice of Intention to Leave Given by Tenant
There are also some changes to the grounds for tenants to issue a Notice of Intention to Leave and the agreed notice periods.
New Grounds to Seek a Termination
The right to apply to QCAT for a termination order has now been expanded for both tenants and property owner.
We’re here to provide you with the best advice – contact us at any time.
