Housing Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill reforms Queensland's rental laws to give tenants stronger protections and greater security. It ends no-grounds evictions, introduces minimum housing standards for all rental properties, strengthens protections for people experiencing domestic and family violence, creates a framework for renting with pets, and shields tenants from retaliatory action by landlords. It also exempts resident-operated freehold retirement villages from mandatory buyback obligations.
Who it affects
More than a third of Queensland's 1.65 million households who rent are directly affected, along with landlords, property managers and retirement village residents. People experiencing domestic and family violence gain streamlined processes to leave tenancies quickly and safely.
Key changes
- Landlords can no longer evict tenants without a specific stated reason - they must use one of the defined grounds such as property sale, owner occupation, demolition, or end of fixed term, with at least two months' notice required for most grounds
- Minimum housing standards prescribed for all rental properties covering structural soundness, weatherproofing, locks, vermin, plumbing, bathrooms, kitchens and laundry facilities - applying to new tenancies from September 2023 and all tenancies from September 2024
- Tenants experiencing domestic and family violence can end their tenancy with just seven days' notice, are not liable for reletting costs or DFV-related damage, and can change locks without landlord consent
- Tenants can request to keep a pet and landlords must respond within 14 days with specific grounds if refusing - a blanket 'no pets' policy is not valid, and landlords cannot charge a pet bond or increase rent for pet approval
- Tenants can apply to QCAT for enforceable repair orders if landlords fail to maintain the property, and landlords who do not comply face penalties of up to 50 penalty units per week
- New protections against retaliatory action by landlords, such as issuing eviction notices or increasing rent in response to tenants exercising their rights
- Resident-operated freehold retirement villages can be exempted from the 18-month mandatory buyback requirement, relieving residents from the financial burden of collectively funding unit purchases
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸First Reading18 June 2021View Hansard
Vote on a motion
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (50)
Noes (39)
▸1 procedural vote
That the member be no longer heard
The motion was defeated.
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Ayes (27)
Noes (49)
▸Committee11 May 2021 – 14 Oct 2021View Hansard
Referred to Education, Employment and Training Committee
Vote on a motion
Vote on a procedural motion during the Housing Legislation Amendment Bill debate. The motion was defeated 34-50.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (34)
Noes (50)
Vote on a motion
Vote on the Leader of the House's motion to suspend standing orders to allow the Treasurer to move a motion about the federal budget. The LNP voted against the suspension.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (51)
Noes (32)
▸1 procedural vote
Vote to grant leave
Vote on whether the Leader of the House could move a procedural motion without notice, unrelated to either bill debated in this section. The LNP voted against granting leave.
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (51)
Noes (32)
▸Second Reading11 May 2021 – 14 Oct 2021View Hansard
▸22 members spoke7 support15 mixed
Expressed concerns about the bill's impact on the rental market while supporting domestic violence protections.
As Minister for Communities and Housing, introduced the bill and moved the second reading, citing the tragic death of baby Isabella Diefenbach as justification for minimum housing standards. Argued the bill finds the right balance between tenant protections and landlord rights.
“This bill proposes changes to ensure that rental accommodation is safe, secure and functional, as well as supporting renters to enforce their tenancy rights to repairs and maintenance.”— 2021-10-13View Hansard
Supported the bill and its reforms to protect renters and introduce minimum housing standards.
Said the LNP would not oppose the bill but would move amendments on pets and periodic tenancy agreements, arguing those provisions do not strike the right balance and risk driving landlords out of the rental market.
“The LNP believes that there is a number of changes in this legislation that are positive, including the amendments pertaining to domestic violence issues, and we wholeheartedly support them.”— 2021-10-13View Hansard
Raised concerns about the bill's impact on rental supply in regional Queensland.
Rose to support the bill, commending the minister's leadership on rental law reforms.
“Whilst I rise to support the Housing Legislation Amendment Bill 2021, I begin by taking a moment to reflect on the contribution made by the member for Everton.”— 2021-10-13View Hansard
Expressed concerns about the rental market impact while supporting some elements of the bill.
Expressed concerns about the bill's impact on the rental market, particularly the pets and periodic tenancy provisions, while supporting amendments to domestic violence protections.
In her ministerial reply, defended the bill's balance between tenant and landlord rights, addressed concerns about retirement village provisions, and rejected opposition and Greens amendments.
“The Queensland government will work with relevant government and sector partners to raise awareness and provide education about the stage 1 rental law reforms to ensure these stakeholders are supported to prepare for reform implementation.”— 2021-10-14View Hansard
Supported the bill, speaking to the housing challenges faced by remote and regional communities in her electorate.
Raised concerns about the bill's potential impact on rental supply and supported the LNP amendments on pets and periodic tenancies.
Spoke in support of the bill, highlighting the importance of safe rental housing standards.
Supported the bill and its provisions for minimum housing standards and tenant protections.
Raised concerns about the bill's impact on rental supply and supported the LNP's proposed amendments.
Raised concerns about the impact of the bill on already tight rental markets in regional Queensland, noting significant pressure on rental availability in the Mackay and Whitsunday areas.
“Today on realestate.com.au in the Cannonvale and Airlie Beach area there are only 23 properties for rent.”— 2021-10-13View Hansard
Raised concerns about particular provisions of the bill while acknowledging positive elements.
Acknowledged the bill contains sensible amendments welcomed by the LNP, particularly on minimum housing standards, but criticised the pets and periodic tenancy provisions as unbalanced and warned of unintended consequences for the rental market.
“For the most part, the bill contains sensible amendments which are welcomed and supported by the LNP, but sadly the reform does not address our current housing crisis.”— 2021-10-13View Hansard
Acknowledged the need to balance tenant and landlord rights but warned that getting the balance wrong could worsen rental availability, particularly in areas like his electorate with minimal social housing.
“If you get that wrong, you very quickly will create a far bigger issue than what we are seeing unfold here in the state of Queensland already.”— 2021-10-13View Hansard
Pleased the bill includes positive changes for domestic violence victims but criticised the lease termination changes as poorly conceived and unbalanced, arguing they scared mum-and-dad investors into selling or switching to Airbnb.
“While the bill may have some good intentions in its preparation, in reality all that it has done is further damage the already fragile rental market in Queensland.”— 2021-10-13View Hansard
Supported the LNP's proposed amendments and warned that the bill would deliver a fundamental shift in the tenant-landlord relationship, noting you cannot legislate for goodwill alone.
“The passing of this legislation will deliver a fundamental shift and reframing of the relationship and interaction between renters and lessors.”— 2021-10-13View Hansard
Raised concerns about the bill's impact on the rental market, particularly in regional areas, and criticised the government's underinvestment in social housing.
Spoke about the impact of mandatory buyback provisions on freehold retirement villages, citing the case of Cooloola Waters in Tin Can Bay that was forced into liquidation.
▸In Detail12 May 2021 – 14 Oct 2021View Hansard
Amendment to allow tenants to install safety equipment such as cameras or lights by making structural changes if they believe it necessary to protect themselves from domestic violence.
Government amendments Nos 1 to 12, making various technical and clarifying changes to the bill including ensuring tenancy agreements continue on the same terms after a vacating tenant's interest ends, and updating urgent application provisions.
That the amendment be agreed to
The motion passed.
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Ayes (49)
Noes (27)
That the amendment be agreed to
The motion was defeated.
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Ayes (40)
Noes (50)
That the motion, as amended, be agreed to
The motion passed.
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Ayes (49)
Noes (29)
Argued the bill did not go far enough and moved multiple amendments during Consideration in Detail including allowing domestic violence victims to install safety equipment, minor modifications for tenants, banning invasive application questions, rent caps, and ending no-grounds evictions. All Greens amendments were defeated.
“Like every single amendment that I will move today, amendment No. 1 draws on extensive consultation with the community, Queensland tenants and tenants' advocacy groups, as well as the 800 renters who made submissions on this bill calling for real transformative change.”— 2021-10-14View Hansard