Monday, September 16, 2024
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Pet advantage in new rental laws

The first stage of rental reforms will commence from October, promising an end to no-grounds evictions and to make it easier for renters to have pets.

Between now and then, it is the ideal time for tenants and rental property owners or agents to review their tenancy agreements to ensure they will comply with the changes when they are enforced.

The changes were passed by state parliament last year.

These will come into force from October 1.

More changes will follow September of 2023 and 2024.

Housing minister Leeanne Enoch said the reforms will give both tenants and landlords will have more clarity in leasing agreements.

“By ending no grounds evictions, renters and property owners now have more certainty about how and when parties can end their tenancy arrangements,” she said.

“We have also made it easier for renters to have a pet by requiring owners to have a prescribed reason to refuse such a request.”

If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to the request within 14 days.

Reasonable grounds for refusal would be when the property is unsuitable for a pet, and if keeping the pet would breach laws or by-laws.

The property owner can enforce “reasonable” conditions on pet ownership. For example, they could request the pet be kept outside or that carpets are cleaned, and that the property is fumigated at the end of a lease. A rent increase or bond are not reasonable conditions. The laws also clarify that fair wear and tear does not include pet damage.

Stage 1’s rollout adds to last year’s amendment, which introduced protections for domestic violence victims.

“These reforms allow renters experiencing domestic and family violence to end their tenancy quickly with limited end of lease costs and change locks without the landlord’s permission,” Ms Enoch said.

In October, the state government will also establish minimum housing standards for rental properties. These will applying to new leases from 1 September 2023 and to all rental properties from 1 September 2024.

The standards pertain to safety, security, and functionality. When this comes into effect, all latches on accessible doors and windows must work properly, and all fittings and fixtures must not be a safety risk. Properties must also be weatherproof and structurally sound.

Affordable housing advocate QShelter welcomes the new changes.

“Throughout the consultation process for the reforms, QShelter has advocated for changes to prevent no-cause eviction and to have pets allowed, which we know contributes significantly to quality of life and mental health,” QShelter director Fiona Caniglia said.

The reforms came about following extensive consultation in 2018 and 2019 in which 135,000 responses were received through the Open Doors to Renting Reform consultation, and more than 15,000 responses to the Regulatory Impact Statement.

 

From 20 October 2021 Renters experiencing domestic and family violence:

  • can leave immediately (after giving 7 days’ notice) and access any bond contribution they made
  • will have break lease fees capped at 1 week’s rent
  • are not liable for property damage caused by DFV
  • any remaining co-renters can be asked to top-up the bond by the property owner or manager
  • can change the locks to the property, without requiring owner’s consent, to ensure their safety
  • must provide documentation to support their notice and property owners, managers and their employees must not disclose this information (except where permitted).

 

From 1 October 2022 End without grounds evictions and provide additional grounds to end a tenancy, including the end of a fixed term agreement. A rental property owner will not be able to issue a notice to leave ‘without grounds’, which will provide renters with more certainty.

If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Reasonable grounds include if the property is unsuitable, and if keeping the pet would breach laws or by-laws.

Rental property owners can also place reasonable conditions on pet ownership, including that the pet is to be kept outside or that carpets are cleaned, and the property is fumigated at the end of a lease. A rent increase or bond are not reasonable conditions. The laws also clarify that fair wear and tear does not include pet damage.

Establish minimum standards to require all Queensland rental properties meet standards for safety, security and functionality. This includes making sure accessible windows and doors have functioning latches, fixtures and fittings provided in the property are in good repair and do not present a safety risk with normal use, and properties are weatherproof and structurally sound.

From 1 September 2023 Rental properties must comply with minimum housing standards when a new lease is entered.
From 1 September 2024 All rental properties must comply with minimum housing standards

 

 

 

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