Affordable housing agreement. Sorry, the RTRA Act does not apply.

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.

  1. Do you or your property manager have the expertise to manage the tenancy agreement?
  2. Does the landlord insurer provide coverage under the agreement?
  3. QCAT’s minor civil disputes jurisdiction does not apply to the agreement
  4. 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

Les Charleston

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Marie McMenemy

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Marie McMenemy & Les Charleston live and breathe Brisbane investment property.

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