A recent QCAT appeal decision has confirmed a little known anomaly of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act).
Landlords in Queensland should be aware agreements made under an affordable housing scheme are civil contracts and that the RTRA Act does not apply. What’s the difference? There’s a written agreement, everything will be OK. Perhaps…. but here are some points to consider.
- Do you or your property manager have the expertise to manage the tenancy agreement?
- Does the landlord insurer provide coverage under the agreement?
- QCAT’s minor civil disputes jurisdiction does not apply to the agreement
- What processes do you have in place to handle disputes or breaches of the agreement and what is the likely cost?
A warrant of possession granted in October 2017 was set aside in May 2019 on appeal due to the Act not applying in this recent QCAT appeal decision.
Link: Coast2Bay Housing Group Ltd v Professionals Real Estate Caboolture/Morayfield [2019] QCATA 64(APL328-17) Member Ann Fitzpatrick 14 May 2019
Looking For A Property Manager?
We’ve been managing property in Brisbane’s Inner South since 1977.
With industry leading innovation, a can do attitude, unprecedented property management knowledge and a six-star service mindset, we want to be an important part of your investment journey.
More Landlord Insights
Updated Smoke Alarm Requirements For Queensland Property Owners Coming In 2022
From 1 January 2022, property owners of Queensland rental properties will not be able to enter into a new tenancy agreement without ensuring their property meets the requirements of the domestic smoke alarm legislation. This [...]
COVID-19 Tenancy Laws Extended
The COVID-19 temporary tenancy regulations (laws) were due to expire 31 December 2020, however, the laws were amended to now expire April 30, 2021. What will continue until 30 April 2021 provisions allowing tenants experiencing [...]
What About Pets At Your Investment Property?
Approximately 63% of Australians own pets, making us one of the world’s leading countries in pet ownership. Given these growing numbers, it’s worth considering making your property available to tenants who are pet owners. The [...]
Routine Inspection COVID-Safe Guidelines
Following the easing of COVID-19 restrictions, we will be recommending routine inspections from 29 June 2020. Pursuant to the ‘Restrictions on Businesses, Activities and Undertakings Direction’ and best practice directions issued by the Real Estate [...]
Qld Govt COVID-19 Tenancy Laws Have Passed
As of today, the Queensland Government has passed legislation relating to residential tenancies impacted by the COVID-19 pandemic. The laws have not commenced yet but are to be backdated until 29 March 2020. The Government [...]
COVID-19 Update For Property Investors
Calls and emails to our office from property owners and tenants have increased significantly in the last few days. We're fielding a range of enquiries, we hope the following information assists. Rent Payments An [...]
“I’ll Organise The Gardening And Have The Tenant Pay For It”
It sounds like a great idea. As a lessor, you want your investment property well maintained. But sometimes, even the best-intentioned tenants let you down. Subsequently, many lessors have made the mistake of arranging a [...]
Landlord Q&A – Can I Store My Furniture Under The House?
From time to time lessors consider using part of a rental property to store personal belongings. A spare room under the house, a separate lockable space in the garage or even a garden shed. Generally, [...]