What Do Landlords Need to Know to Protect Their Investments?
Originally posted on Affinity's website.
Since 2022, Queensland’s rental laws have experienced a significant overhaul, impacting landlords, property managers, and tenants alike. These changes, aimed at strengthening tenants’ rights, have led to increased responsibilities for landlords and property managers, as well as a rise in disputes and legal proceedings. Understanding these legislative shifts is crucial for landlords seeking to protect their investments and navigate the evolving rental landscape effectively.
In this landlord update, we’ll explore the key changes in Queensland’s rental laws, their implications for landlords, and practical steps to protect your rental property and legal interests.
Key Changes to Queensland Rental Laws Since 2022
These sweeping reforms have shifted the balance heavily in favour of tenants, resulting in more disputes, increased workload, and legal complexities for landlords. No landlord wants to face costly legal battles or court costs, which can easily reach thousands of dollars.
To help you adapt to these changes, Affinity Property has conducted an in-depth analysis of how the new laws are affecting Queensland tenancies. Based on this, we’ve identified practical, actionable steps landlords can take to protect their properties and safeguard their legal and financial interests.
1. Minimum Housing Standards & How They Impact Landlords
One of the most significant legislative updates is the introduction of Minimum Housing Standards. These standards give tenants new grounds to end leases and raise breach claims against landlords if the property isn’t in good repair or doesn’t meet minimum safety and health criteria.
What are the standards?
The property must:
What can landlords do?
Proactively ensuring compliance is the best strategy. Conduct a thorough property audit covering electrical fittings, plumbing, locks, window coverings, and safety features. For older properties, the RTA (Residential Tenancies Authority) adopts a practical approach, accepting fixtures that are safe and functional, even if outdated.
2. Repair Orders & How to Avoid Legal Disputes
What is a repair order?
A repair order is an official directive from QCAT (Queensland Civil & Administrative Tribunal – which is a division of the Queensland Magistrates Court) requiring a landlord to address routine or emergency repairs. These orders remain in effect even after the lease ends or the property changes hands.
Routine vs. Emergency Repairs:
Emergency repairs include issues like burst water pipes, gas leaks, electrical faults, flooding, storm damage, or any hazards that make the property unsafe or insecure.
How can landlords avoid repair orders?
Being proactive and maintaining your property diligently is key to avoiding costly disputes and legal consequences.
3. Handling Pets in Rental Properties
The legislation now requires landlords to reasonably consider tenants’ requests to keep pets, even if the tenant didn’t have a pet at the start of the lease. Tenants must seek the landlord’s consent, and refusing pet request must be based on specific, reasonable grounds.
Important Points:
4. Rent Increase Restrictions & Compliance
Rent increases are now limited to once every 12 months and must be clearly documented in the tenancy agreement, including the date of the last increase.
What should landlords do?
Adhering to these rules protects against legal challenges and ensures transparent, fair rent management.
5. Evidence of Last Rent Increase: What Landlords Need to Know
A tenant can request written evidence of the date of the last rent increase, and this information must be provided within 14 days. This requirement does not apply if the property was purchased within 12 months of the lease start date, and the landlord or property manager lacks this information.
Landlord Action:
- The date of the notice of rent increase (which must be given at least 60 days in advance)
- The date the rent was increased
- The start date of the new lease with the adjusted rent
Proper documentation not only ensures transparency but also protects you against disputes or legal challenges.
6. Selling or Buying Property? Ensure You Check the Last Rent Increase Date
Disclosures for sellers:
Sellers must disclose the last rent increase date and whether a tenancy agreement has been active within the past 12 months, even if the property is being sold vacant.
For investor buyers:
Tip: Before selling, assess whether a rent increase aligns with your objectives. A long-term lease with below-market rent might deter potential buyers, especially owner-occupiers. Engage a knowledgeable real estate agent who understands rental legislation, as well as the impact of rental yield on sale price. Proper analysis will help you maximize your sale price.
7. Re-letting Costs: How Much Are Tenants Required To Pay?
Re-letting costs are calculated based on the remaining term of the lease and whether the agreement is longer or shorter than three years. These costs can be up to 4 weeks’ rent and are governed by RTA guidelines.
Important:
Re-letting costs do not include unpaid rent, service charges (water or gas), or damages for which the tenant is responsible. It’s essential to include clear terms in your lease stating:
Tip: If a tenant ends a fixed-term lease early without grounds, they might be liable for compensation, depending on the lease terms.
8. Tenants’ Rights to Terminate Lease Due to Domestic Violence
Legislation now provides protections for victims of domestic violence. Tenants can terminate leases immediately with minimal financial penalty and claim their full bond back. If the bond is solely in the name of the victim of domestic violence, the landlord cannot claim the bond for property damage caused by the tenant.
Landlord Action:
- Loss of rent
- Malicious or negligent damage
- Property damage
The perpetrator of domestic violence cannot claim their full bond and walk away from financial obligations associated with their lease.
Tip: Landlord protection policies are relatively cheap when they are taken out alongside property insurance. For as little as $375 per year, you can safeguard your property and rest easy knowing that your property is protected against such risks.
9. Maximum Rent in Advance: What You Need to Comply
A landlord cannot accept more than two weeks’ rent in advance for periodic tenancies or one month for fixed-term leases at the start of a tenancy, regardless of the tenant’s offers. Tenants may negotiate higher payments later, but initial payments are capped.
Accepting or engaging in rent bidding—offering or accepting rent above the advertised rate—is prohibited under Queensland law.
Tip: Clearly advise tenants that they can only pay the maximum allowable rent upfront, and any additional payments must be made after the initial period.
10. Rent Bidding Is Now Illegal
What to Do:
11. Utility Expense Reimbursements: What Landlords Should Know
Tenants are entitled to receipts of utility bills within four weeks of the bill date. If not provided, tenants are not obliged to pay.
Action:
12. Method of Rent Payment: How to Set Up Efficient Payments
Tenants must be offered two methods to pay rent, including at least one that is cost-effective and accessible.
Best Practice:
13. Entry Notice Period & Frequency: New Requirements
The minimum notice period for most property entries has increased from 24 hours to 48 hours. Landlords must adhere to this rule when providing notices to tenants, ensuring proper communication and compliance.
Tip: Use the property entry as an opportunity to complete multiple tasks, thereby reducing the need to revisit the property unnecessarily.
14. Rental Application Process: What Landlords Need to Know
The application process for residential tenancies has been regulated and places new restrictions on the types and volume of information that can be requested from an applicant. All applications must now be submitted using legislated standard forms:
Landlord and Property Manager Responsibilities:
- Name, contact details
- Rental history
- Employment and income details
- Details of the previous tenancy agreements
- Number of residents, their ages
- Vehicle and pet information
The Importance Of Thorough Background Checks:
Given the restrictions on information collection, conducting comprehensive background checks—including national tenancy default databases and credit reports—is more important than ever before to mitigate risks.
Tip: The dominant third-party platform used for processing tenancy applications is Ignite, owned by realestate.com.au. While this platform offers a consolidated portal, it’s crucial that your property manager also has an independent application process that complies with legislation.
15. Privacy and Data Handling Obligations: Respect and Protect Tenant Privacy
The new laws impose strict limitations on how landlords and property managers collect, store, and dispose of tenant data. The core principle is respect for tenant privacy.
What Landlords and Managers Should Do:
Legal Consequences:
Interfering with a tenant’s quiet enjoyment can lead to fines. Recently, a property owner was fined $3,000 for privacy breaches. Under the Australian Privacy Act, breaches can attract fines up to $50 million for corporations and $2.5 million for individuals.
Tip: Many landlords prefer to communicate through their property managers, creating a privacy buffer that helps maintain professional boundaries and reduces direct contact with tenants, especially when handling delicate issues.
16. Tenant Requests for Fixtures and Structural Changes: New Procedures from 1 May 2025
From 1 May 2025, tenants wishing to modify or alter fixtures or structures must submit a prescribed form. Landlords are required to respond within 28 days, either accepting or refusing the request. Refusals must not be unreasonable.
What Landlords Should Do:
Handling Requests:
While tenants can request modifications, landlords should evaluate each case carefully, balancing tenant needs with property integrity. Any refusal should be justified and documented.
17. Rental Bonds: New Rules for Claims and Disputes
Effective 30 September 2024, landlords must substantiate any claim on the rental bond by providing supporting evidence within 14 days of lodging a claim or dispute. Failure to do so is an offence.
Bond Disputes:
If a bond dispute is dismissed or withdrawn in QCAT, the RTA will release the bond following the original decision.
Landlord Action:
Stay Ahead & Protect Your Investment
Queensland’s rental laws have undergone massive changes in the past 3 years. It has never been harder to own an investment property. However, with proactive management, thorough record-keeping, and sensible compliance, you can turn these legislative updates into opportunities to enhance your property’s value, reduce disputes, and strengthen tenant relationships.
Need Expert Assistance?
At Affinity Property, we specialize in tailored advice, comprehensive property management, and ensuring your compliance with all current laws. Our team is here to help you navigate this complex landscape confidently, so you can focus on growing your investment returns.
Contact us today for help with your investment property on 07 3293 9100 or via our website.
For help with your rental property, request a Property Management Quote by clicking this link or pressing the button below, as the first step to maximise the return on your investment. Alternatively, you can call us at the number below:
0732939100