Housing Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill reforms Queensland's rental laws to give tenants stronger protections and ensure all rental homes meet minimum standards. It abolishes 'without grounds' evictions, introduces a framework for renting with pets, strengthens domestic and family violence protections, and prescribes minimum housing standards for safety, security, and functionality. It also exempts resident-operated freehold retirement villages from mandatory unit buyback requirements.
Who it affects
Renters across Queensland gain stronger rights and protections, including against unfair evictions and substandard housing. Landlords and property managers face new obligations around eviction grounds, pet approvals, and property standards. Residents of resident-operated retirement villages are relieved of buyback obligations that threatened their financial security.
Key changes
- Landlords can no longer evict tenants without a reason — they must use one of the specific approved grounds such as sale, renovation, demolition, change of use, or owner occupation, with two months' notice required
- All rental properties must meet prescribed minimum housing standards for safety, security, and functionality from September 2023 for new tenancies and September 2024 for all tenancies
- Tenants can request to keep a pet and landlords must respond within 14 days — refusal is limited to prescribed reasonable grounds, and silence means the request is approved
- People experiencing domestic and family violence can end their tenancy with just seven days' notice, access their share of the bond without contacting the perpetrator, and change locks without the landlord's permission
- Tenants are protected from retaliatory action by landlords when they enforce their rights, such as requesting repairs or lodging complaints
- Rent cannot be increased to recover costs of meeting minimum housing standards or for approving a pet
- Resident-operated freehold retirement villages can be exempted from the 18-month mandatory buyback requirements that risked causing financial hardship
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced18 June 2021View Hansard
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 with time limits. Unrelated to the Workers' Compensation bill.
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
Procedural vote on whether to allow the Leader of the House to move a motion without notice to suspend standing orders, enabling the Treasurer to move a motion about the federal budget. Unrelated to the Workers' Compensation bill.
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)
▸Committee18 June 2021View Hansard
Referred to Community Support and Services Committee
The Community Support and Services Committee examined the Housing Legislation Amendment Bill 2021 over two months, receiving submissions and holding public hearings on key rental reform issues. The committee unanimously recommended the bill be passed and made four additional recommendations addressing data collection on tenancy management, community housing head-leasing practices, monitoring of minimum housing standards, and support for resident-operated retirement villages. The Queensland Government accepted all five recommendations.
Key findings (5)
- Over a third of Queensland's 1.65 million households rent, with families with children being the largest renting cohort
- Community housing providers raised concerns about potential conflicts between the bill's notice provisions and head-leasing arrangements under the Property Law Act 1997
- Stakeholders broadly supported the introduction of minimum housing standards but questioned whether compliance mechanisms were strong enough
- The proposed framework for keeping pets in rental properties was one of the most popular topics raised during public consultation
- Several submitters called for additional reforms not included in the bill, including stronger rent controls and a code of conduct for property managers
Recommendations (5)
- The committee recommends the Housing Legislation Amendment Bill 2021 be passed.
- The committee recommends that the Department of Communities, Housing and Digital Economy develop a framework for data collection about how residential tenancies are managed and ended.
- The committee recommends that the Department of Communities, Housing and Digital Economy work with community housing providers to ensure head leasing contractual practices align with the amendments in the Bill.
- The committee recommends that the Department of Communities, Housing and Digital Economy closely monitor and evaluate, in consultation with relevant stakeholders, implementation of the minimum housing standards reforms, to inform consideration of whether stronger compliance mechanisms are required.
- The committee recommends that the Department of Communities, Housing and Digital Economy ensure that accessible advice is provided to eligible retirement villages to ensure that they can navigate the exemption process efficiently and effectively.
▸Committee Report16 Aug 2021
Committee report tabled
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)
▸Second Reading13 Oct 2021View Hansard
Vote on a motion
Vote on the Greens' amendment moved by Dr MacMahon to halt the second reading until all MPs who own investment properties recuse themselves from the debate due to a conflict of interest. The amendment 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)
▸34 members spoke18 support16 mixed
Strongly supported the bill as the former housing minister, arguing the reforms will save lives through minimum housing standards, protect renters from unsafe conditions, and support more families to keep pets while maintaining sensible protections for investors.
“These reforms will save lives. They will provide Queensland renters with a safe and secure place to call home.”— 2021-10-14View Hansard
As Minister for Communities and Housing, moved the second reading and championed the bill as delivering balanced reforms including ending without-grounds evictions, introducing minimum housing standards, permanent DFV protections, and a framework for renting with pets. Committed to progressing stage 2 reforms including minor modifications.
“Everyone deserves the dignity of a safe and secure home. No-one deserves to live in squalid conditions.”— 2021-10-13View Hansard
Supported the bill despite noting it falls short of what is needed for the housing crisis. Welcomed minimum housing standards and retirement village amendments but raised concerns about impacts on affordable accommodation and the lack of solutions for the wider housing shortage.
“This bill before us falls short of what is needed. Given the humanitarian crisis we have been living through in my community and elsewhere, I will support it, as we need the improvements.”— 2021-10-14View Hansard
As shadow minister, announced the LNP would not oppose the bill but would move amendments on pets and periodic agreements. Supported DFV protections and retirement village changes but argued the bill risks unintended consequences by tipping the balance too far towards tenants, potentially reducing rental supply.
“If there are unnecessary and unreasonable impositions put on property owners who wish to rent their home, there will be consequences.”— 2021-10-13View Hansard
Supported the bill as delivering on the government's commitment to end without-grounds evictions, establish minimum housing standards, and create stronger DFV protections. Condemned the Greens' approach of demonising landlords as divisive.
“Making sure that every single Queenslander has a roof over their head—that they will be confident that they can continue to have a roof over their head, that they will be safe and secure under that roof and that their needs will be respected—is a right and a dignity that we have the power and responsibility in this place to ensure is afforded to every single Queenslander.”— 2021-10-14View Hansard
As committee chair, commended the bill for delivering key housing strategy objectives including ending without-grounds evictions, minimum housing standards, DFV protections and support for renting with pets.
“Just because a Queenslander is renting does not mean they should be denied the warmth and love that owning a pet provides.”— 2021-10-13View Hansard
Acknowledged the need for fair tenancy laws but argued the bill will not fix the housing supply crisis. Expressed concern that removing without-grounds periodic lease terminations would create perverse outcomes where landlords refuse periodic agreements even when tenants want them.
“Never before have I seen so much distress caused by people not being able to access rental accommodation due to a lack of supply. This law will not fix that.”— 2021-10-14View Hansard
Supported DFV protections and minimum housing standards but expressed reservations about the bill eroding fundamental rights of property owners. Highlighted concerns about periodic agreements and welcomed retirement village amendments which the LNP had long advocated for.
“In trying to legislate in the interests of tenants, I think the government is effectively eroding the fundamental rights and decision-making powers of owners in respect to many matters that affect them and their properties.”— 2021-10-13View Hansard
Strongly supported the bill as delivering landmark reforms including minimum housing standards, ending without-grounds evictions, and creating pathways for pets in rentals. Criticised the Greens' proposals as counterproductive, arguing they would reduce rental supply.
“A third of Queenslanders rent, and Labor fundamentally believes that those Queenslanders deserve a safe, secure and healthy place to call home.”— 2021-10-14View Hansard
Supported the bill as delivering key housing strategy objectives including minimum housing standards for safety, security and functionality, and ending without-grounds evictions.
“Everyone deserves a safe and secure place to call home.”— 2021-10-13View Hansard
Acknowledged the bill includes positive measures for DFV victims and housing standards, but expressed concern it entrenches a permanent rental culture rather than helping people achieve home ownership. Opposed the pet provisions as a former landlord and called for the first home owners grant to be extended to existing properties in regional Queensland.
“Fundamentally, I am concerned that with this bill we are moving to a place in Queensland where we rely on people always being in the rental market. We are giving way to the fact that people will always rent.”— 2021-10-14View Hansard
Argued the bill offers false hope for renters due to unintended consequences, particularly changes to periodic tenancies which would effectively become perpetual leases. Supported the bill only because of some good provisions but urged support for LNP amendments.
“This bill provides a lot of false hope for renters because of the unintended consequences that it will have on the rental market.”— 2021-10-13View Hansard
Supported the bill with a focus on the retirement village amendments, which will exempt resident-operated freehold retirement villages from mandatory buyback requirements that had caused financial concerns for residents in her electorate.
“This bill will provide security and confidence to many retirement village residents in my community and is proof that the Palaszczuk government listens and acts.”— 2021-10-14View Hansard
Supported the bill as a committee member and renter himself, highlighting minimum housing standards, DFV protections and the importance of pets for people living alone or coping with illness.
“It is long overdue in this country where pets mean so much that people now have a right to keep them in a rental property.”— 2021-10-13View Hansard
Supported the broad intent of the bill, particularly commending the DFV provisions and minimum housing standards. However, criticised the government for creating the retirement village buyback problem in the first place in 2017 and raised concerns about pet damage not being covered by bonds.
“We will be supporting the broad intent of this bill. I certainly commend the government and the committee for the work they have done in considering the needs of people who are subject to the intolerable circumstance of domestic and family violence.”— 2021-10-14View Hansard
Criticised the bill as doing next to nothing to address the housing crisis, the power imbalance between landlords and tenants, or skyrocketing rents. Moved an amendment to require landlord MPs to recuse themselves (defeated). Will not oppose the bill but moved broader amendments for stronger reforms including rent caps and genuine no-grounds eviction protections.
“To be clear, the government bill does next to nothing to change this growing wealth divide. It does nothing to address the unequal power relationship between lessors and tenants.”— 2021-10-13View Hansard
As minister with carriage of the bill, defended the balanced approach to renting with pets, ending without-grounds evictions, DFV protections, and retirement village amendments. Criticised both the LNP for seeking to maintain the status quo and the Greens for proposing unworkable rent controls.
“After hearing the contributions from both the LNP and the Greens this week, it is obvious that Labor is the only party that can bring into the parliament responsible policies like this which achieve a balance between competing priorities.”— 2021-10-14View Hansard
Supported the bill, focusing on the DFV protections which allow victims to terminate a lease with seven days notice and limited liability, and to change locks without landlord permission.
“The last thing anybody in this House wants is for people and families who are considering leaving—knowing what a dangerous time that is for them as they flee domestic violence—needing to weigh up their economic security as well as their physical security.”— 2021-10-13View Hansard
Supported the bill due to some good provisions but strongly disagreed with the unilateral right to pets and elimination of periodic agreements. Criticised the government for failing to listen to warnings about retirement village buyback provisions in 2019, causing villages to close.
“The problem with this government is that they do not listen to anybody but their arrogant selves.”— 2021-10-13View Hansard
Supported the bill as striking a good balance between landlord and tenant rights, drawing on his experience as both a long-term renter and a landlord. Dismissed the Greens' conflict of interest motion as amateurish and ridiculous.
“Labor has delivered for renters and continues to deliver for renters. We also respect and support landlords. We are not like the Greens: we do not seek to divide our community.”— 2021-10-13View Hansard
Supported the DFV protections and highlighted the tight rental market in her electorate. Raised concerns about potential unintended consequences for DFV victims in rental applications and supported the LNP amendments on periodic agreements and pets.
“It is a relationship that needs to be managed carefully. It is also very important that any legislation that passes in this House ensures the rights of both parties are upheld and respected.”— 2021-10-13View Hansard
Supported the bill drawing on over 30 years of experience in housing provision. Emphasised the need for balanced reforms and highlighted cases of tenants living in substandard accommodation due to landlord neglect.
“Any amendments that we make to legislation need to be balanced, in particular for our mum-and-dad landlords who are absolutely essential for the provision of housing.”— 2021-10-13View Hansard
As both a rental property owner and current renter, argued the bill tips the balance too far towards tenants. Supported the DFV provisions but expressed concerns about periodic tenancies and the pets framework. Highlighted the Sunshine Coast housing crisis.
“It is important that the right balance is struck between protecting lessors and tenants. Protecting both sides of the pendulum matters to the economic and social health of Queensland.”— 2021-10-13View Hansard
Supported the bill as delivering fair reforms for renters, commending the ending of without-grounds evictions, minimum housing standards, DFV protections and the framework for renting with pets.
Supported the bill as delivering balanced rental reforms backed by the government's record $2.9 billion social housing investment. Criticised the Greens' conflict of interest motion as hypocritical and condemned the Morrison government's winding down of the National Rental Affordability Scheme.
“As someone who has rented for the vast majority of my life, I commend this bill to the House.”— 2021-10-13View Hansard
Acknowledged the government had removed most extreme proposals but expressed concern about two areas of overreach: periodic tenancies and pets. Highlighted the severe housing shortage in Glass House electorate.
“It is very important that when debating, discussing, amending housing legislation we get the balance right, because we do not need to make it any harder for tenants to find rental properties or for owners to rent their property.”— 2021-10-13View Hansard
Supported the bill as delivering on the Palaszczuk government's election commitment, highlighting the needs of Ipswich renters facing a tightening market and the importance of levelling the playing field between tenants and property owners.
“Having a safe, secure roof over your head is the basic foundation of participating in society.”— 2021-10-13View Hansard
Supported aspects of the bill including DFV protections and minimum housing standards but criticised the balance as tipping too far towards tenants. Supported the LNP amendments on pets and periodic agreements, arguing the interests of landlords and small investors must also be considered.
“All renters and tenants should be able to live in safe housing. Many reforms in this legislation will achieve this outcome; however, all members in the Queensland parliament must accept that the interests of landlords and small investors must also be considered.”— 2021-10-13View Hansard
Supported the bill as delivering fair reforms for Queensland renters including minimum housing standards, ending without-grounds evictions, DFV protections and supporting renting with pets.
“The security of having a home enables people to achieve positive life outcomes such as good health, quality education and secure employment.”— 2021-10-13View Hansard
Did not oppose the bill but argued it was like rearranging deck chairs on the Titanic for Western Queensland, which faces a housing crisis with virtually no rental vacancies. Criticised the government for selling off public housing and gazumping private tenants for government employees.
“In Western Queensland the rental markets are so tight they are teetering on the edge of non-existence. Removing landlords' rights might just see them snuff out altogether.”— 2021-10-13View Hansard
Criticised the bill as unfairly tipping the balance towards tenants with not a single proposal benefiting lessors. Highlighted the tight rental market in Gympie and warned of unintended consequences from eliminating periodic agreements.
“There is not one single proposal in the bill that would benefit lessors. Renting is a mutual arrangement between the person who owns the property and the tenant.”— 2021-10-13View Hansard
Supported the bill for its positive reforms on retirement villages and DFV protections but feared unintended consequences for rural and regional communities where rental markets are extremely tight. Urged support for LNP amendments on periodic agreements and pets.
“I am fearful of the unintended consequences from this legislation, especially for many of the rural and regional communities. The housing situation is already tight. If the balance is tipped any further, in regional communities the outcome will be catastrophic.”— 2021-10-13View Hansard
Called the bill a cop-out and capitulation to the property lobby that fails to genuinely end no-grounds evictions, address skyrocketing rents, or correct the fundamental power imbalance between landlords and tenants. Will not oppose the bill but argued it leaves tenants no better off.
“This bill is a cop-out, it is a capitulation to the property lobby and a slap in the face for the 1.8 million renters in Queensland.”— 2021-10-13View Hansard
As former housing minister, supported the bill as delivering important reforms for renters. Highlighted the permanent DFV protections as the most important aspect, allowing victims to exit a tenancy with seven days notice. Debate was adjourned on his motion.
“The ability for a tenant experiencing domestic and family violence to exit a tenancy with seven days notice and not be liable for the remaining tenancy will save lives.”— 2021-10-13View Hansard
▸In Detail13 Oct 2021 – 14 Oct 2021View Hansard
Allow tenants experiencing domestic and family violence to install safety equipment such as cameras and lights by attaching fixtures or making structural changes without landlord consent.
Government amendments 1-12 making technical corrections and clarifications including: confirming tenancy agreements continue after a DFV vacating tenant's interest ends; correcting cross-references for urgent tribunal applications; replacing 'immediate family' with 'relative of the lessor'; inserting offence provisions for false or misleading information in notices to leave and prohibiting re-letting of premises for 6 months after ending tenancy for sale or change of use.
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)
Moved amendments during Consideration in Detail to allow DFV victims to install safety equipment like cameras and lights without landlord consent, arguing the government's bill did not go far enough. Her amendments were defeated.
“People at risk of domestic violence should not be prevented from protecting their own safety simply because someone else owns their home.”— 2021-10-14View Hansard
▸Third Reading14 Oct 2021View Hansard
▸1 procedural vote
That the member be no longer heard
The motion was defeated.
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Ayes (27)
Noes (49)
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