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New laws a minefield for landlords

A long-term tenant forks out $3000 to put security screens in the home they are renting, feeling it would make the property safer and be doing the owner a favour.

The manager notices the change at a routine inspection and notifies the owner, who is perplexed.

“Aren’t they the ones who were supposed to ask for any changes are made?” or so the owner thought. They were happy with the original fly screen on the windows and wanted the property kept that way. It is their property after all.

This is a real-life scenario witnessed by property manager Jane Scope, head of Home Scope at Edens Landing.

She is concerned about how much tenants might get away with if new housing and renting legislation is approved.

“With this new legislation coming in, it could be a case they [the tenants] could do things that maybe the owner might not authorise,” Ms Scope said.

“People have got to remember they are renting a property; it is not their property.”

If approved by the governor, the reforms will offer more certainty for tenants, including domestic violence protections, make it harder for owners to end leases, introduce new minimum housing standards, and open the doors to pets in leases.

The changes are part of two bills under consideration. One is the housing legislation amendment bill and the second pertains to residential tenancy rights.

The housing legislation act is waiting for the governor’s approval, while the second is being considered before the committee.

The changes are being touted as a win for tenants but could prove to be a sore point for owners, who would have less power to end periodic tenancy and refuse pets.

“Technically what will now happen, they [the owners] will have to give a reason, and there’ll be a set list of reasons, and it’ll have to be one of those,” she said.

“I think it is going to be detrimental.

“A lot of owners will think ‘if I have to give a reason for every time I want my house back, forget it, I don’t want to be an investor anymore’.”

The Real Estate Institute of Queensland said the housing bill unfairly swings in the favour of tenants.

“Unless owners can establish limited prescribed grounds (such as the sale of the property) they will never be able to terminate a periodic tenancy,” REIQ CEO Antonia Mercorella said.

“This is a retrograde step and will almost certainly result in the demise of periodic tenancies in Queensland.”

The other contentious point relates to the keeping of pets. With the changes, owners can only say no to pets if they can establish “prescribed’ grounds. On the flipside, owners will be able to seek compensation for damage caused by pets.

Domestic violence protections introduced in May would become permanent under the bill. It would allow renters experiencing domestic violence to leave with 7 days’ notice, to change locks without owner consent, and to be spared liability for property damage caused by incidents.

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