Consistent with many other legislative changes the Queensland government has been making in relation to rental reforms, the rules about ending leases are also changing.
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) is the law that governs renting a residential property in Queensland.
Tenancy agreements can only be ended in accordance with the Act.
From 1 October 2022, managing parties can no longer end a tenancy without a specific reason (without grounds). Ending of a fixed term agreement can be given as a reason for ending a fixed term tenancy.
The following is a summary of the acceptable reasons, greater detail can be found by clicking HERE:
UNREMEDIED BREACH
Managing parties can end an agreement if a tenant does not remedy a breach after the Notice to remedy breach (Form 11) process has been followed and the breach remains unremedied within the specified timeframe.
END OF A FIXED TERM AGREEMENT
The managing party may give the tenant a Notice to leave (Form 12) if the residential tenancy agreement is a fixed term agreement and the notice relates to the end of the agreement.
ABANDONED PROPERTY
Managing parties can either give an Abandonment termination notice (Form 15) to the tenant or apply to QCAT to end the agreement if they believe, on reasonable grounds, the property has been abandoned.
PROPERTY IS BEING SOLD
Managing parties may end the tenancy because they are preparing to sell the property and the preparation requires the property to be vacant, or they have entered into a contract to sell the property with vacant possession.
Managing parties must not let or offer a residential tenancy for six months after the handover day of the tenancy if the tenancy ended due to property being sold. Penalties apply.
NON-LIVEABILITY
Managing parties can end the agreement if the property is partly or wholly destroyed or if the property can no longer be used legally as a dwelling. This does not apply if the non-liveability is caused by one of the parties breaking the agreement e.g. by causing extensive damage.
The notice must be given within one month of the property becoming non-liveable and the agreement may end on the day the notice is given.
PROPERTY REQUIRES SIGNIFICANT REPAIRS OR RENOVATIONS
Managing parties may end the agreement if the property requires significant repairs or if they intend to carry out significant renovations to the property which cannot be safely carried out while the tenant occupies the property.
PLANNED DEMOLITION OR REDEVELOPMENT
Managing parties may end the agreement if they require the property to be vacant for a planned demolition or redevelopment.
OWNER OCCUPATION
Managing parties may end the tenancy if they or their relative need to occupy the property.
Managing parties must not let or offer a residential tenancy for six months after the ending or handover day of the tenancy for owner occupation. Penalties apply.
DEATH OF A SOLE TENANT
If a sole tenant dies, the tenant’s personal representative or relative can negotiate with the managing party to end the tenancy. The date the agreement ends depends on the action taken.
TENANT’S FAILURE TO COMPLY WITH QCAT ORDER
The managing party may give the tenant a Notice to leave (Form 12) if the tenant has failed to comply with a QCAT order.
MORTAGEE POSSESSION
If a mortgagee, such as a bank or financial institution that is entitled to take possession of the property, has not agreed to the tenancy, it can give the tenant a Notice to vacate from mortgagee to tenant (Form 19) providing appropriate notice to end a periodic or fixed term agreement.
If a mortgagee has agreed to the tenancy, it can end a periodic agreement with two months’ notice, but cannot end a fixed term agreement earlier than the end date unless the tenant agrees.
CHANGE OF USE OF THE PROPERTY
Managing parties may end the agreement if they require the property for a different usage other than residential tenancy, for a period of at least six months. This could include personal use, holiday letting, storage or simply leaving the property vacant or untenanted for any reason.
Managing parties must not let or offer a residential tenancy for six months after the ending or handover day of the tenancy agreement due to change of use. Penalties apply.
PENALTIES
The Act has introduced new penalties for providing false or misleading information in:
- a notice to leave for sale contract
- a notice to leave for significant repair or renovations
- a notice to leave for demolition or redevelopment
- a notice to leave for change of use
- a notice to leave for owner occupation (this provision does not apply to rooming accommodation).
A managing party must not give a tenant a Notice to leave (Form 12) for reasons listed above containing information that they know is false or misleading.
Click HERE for greater detail on theses latest reforms.