Legal comment from Mark Illidge of Hinterland Lawyers

November 2007

State Cabinet recently approved a submission by the Housing Minister to make significant amendments to the Residential Tenancies Act.

These reforms have been triggered by the increased competition for rental properties in some parts of Queensland due to low vacancy rates.

The proposed amendments include:

• Forcing landlords and their agents to advertise properties with a fixed rent amount. The current practices of advertising a range of rents, advertising without a rent amount, seeking tenders for rental properties and rent bidding will be illegal;
• The introduction of a minimum period of six months between rent increases. Currently, there is no minimum review period for fixed term tenancies. Two months notice of a rent increase is currently required to be given in relation to monthly tenancies;
• Allowing tenants to challenge excessive rent increases between agreements if they are remaining in the premises with a new agreement. The current legislation only allows a tenant to dispute excessive rent increases during a tenancy agreement;
• Extending the notice period for terminating a rental agreement "without grounds" from the current 2 week timeframe to 2 months.

The legislation is to be introduced next year.

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