Ending Tenancies

As part of the new laws, landlords will no longer be able to end a tenancy without grounds, with a set of new approved reasons being made available instead. This means that landlords can no longer end a tenancy without giving a reason, but it does not mean that tenancies can’t be ended at all.

The list of new approved reasons that landlords can use to end a tenancy are comprehensive:

  • A serious breach of the lease or body corporate by laws
  • Unapproved occupants living at the rental property
  • The landlord or a relative needing to occupy the rental property
  • Significant repairs or renovations needing to be completed
  • The sale or preparation of sale of the rental property
  • Planned property redevelopment or demolition
  • A change of use of the rental property
  • The rental property being required for a public or statutory purpose
  • The end of a fixed term lease

Tenants will also be able to end a tenancy for new approved reasons, including the following:

  • The rental property is not in good repair or fit for habitation
  • The landlord has not complied with a QCAT repair order
  • The landlord has provided false or misleading information about the lease or rental
  • A co-tenant has passed away

Keeping Pets

The new rules will stop landlords from refusing pets unless they have a preapproved reason for not allowing their tenants to keep pets at the rental property. Under these laws, tenants will still be required to request the landlord’s approval for any pets but can go ahead with bringing a pet home if their request is not responded to within 14 days.

If the landlord does want to refuse within this timeframe, they can only refuse based on the following reasons:

  • Allowing the pet exceeds the reasonable number of animals that can be kept at the rental property
  • The property is unsuitable for humanely keeping the pet
  • Keeping the pet is likely to cause damage to the property or inclusions that cannot practicably be repaired for less than the rental bond
  • Keeping the pet would pose an unacceptable risk to the health and safety of a person
  • Keeping the pet would breach a body corporate by-law or park rule
  • The tenant has not agreed to the reasonable conditions proposed by the landlord
  • The animal is not a pet

Landlords can impose conditions on the tenant if they would like to keep a pet, but these conditions must be in their written approval of the pet. Conditions must be reasonable too, like if the pet is usually a type of animal not kept inside, then landlords can require it to be kept outside. Similarly, if the pet can carry parasites, then landlords can require tenants to professionally fumigate the property when they vacate, and if the pet is allowed inside then landlords can require tenants to professionally clean the carpets when they vacate.

Just because a landlord approves a pet though does not mean they’re allowed to increase the rent or bond or require a form of security from the tenant. Instead, pet damage will be excluded from the definition of fair wear and tear so that landlords can seek compensation for any damages caused.

Repair Orders

Tenants will now be able to apply to the tribunal for a repair order. This means that if there are any outstanding repairs that the tenant has notified the landlord about before, but have not been repaired in a reasonable time, then tenants can effectively force landlords to undertake repairs through a repair order. The tribunal can make any order or direction about the repairs, or, if the rental property is vacant, they can make an order that the rental not be occupied until the repairs are completed. Orders can include the amount of rent to be paid, compensation for loss of amenity, or termination if repairs are not undertaken by a certain date. This order is enduring until it is complied with – it does not end with a tenancy agreement or the tenants moving out.

On top of this, tenants will also be able to spend up to four weeks’ worth of rent (instead of two) on emergency repairs. Agents will also be able to carry out emergency repairs costing up to four weeks’ worth of rent and then deduct the amount from the tenant’s rent.

 

We hope this has made the changes easier to understand. If you have any further questions, please feel free to contact us.