Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill reforms Queensland's rental laws to strengthen protections for renters, stabilise rents in the private market, and ease cost-of-living pressures. It also introduces mandatory professional development for property agents, removes compulsory superannuation contributions for local government employees, and fixes technical issues in body corporate termination processes.
Who it affects
Renters gain significant new protections around rent increases, bond processes, privacy and break-lease costs. Property owners and managers face new obligations including rent bidding bans, capped reletting fees and mandatory training. Local government employees get more flexibility with their superannuation contributions.
Rental law reform
The bill ties the 12-month rent increase frequency limit to the rental property rather than the individual tenancy, meaning a landlord cannot raise the rent by ending a tenancy and starting a new one. It bans all forms of rent bidding, caps bond amounts at 4 weeks rent regardless of the weekly rent, and establishes a head of power for a portable bond scheme.
- Rent can only be increased once every 12 months per property, not per tenancy — applies even when tenants change
- All forms of rent bidding are banned, with fines of up to 50 penalty units
- Break-lease costs are capped on a sliding scale from 4 weeks rent (less than 25% of lease expired) down to 1 week (more than 75% expired)
- Rental bonds capped at 4 weeks rent for all properties, removing the high-rent threshold exemption
- Landlords must substantiate any bond claims with evidence within 14 days
- Renters must be offered at least one fee-free way to pay rent, and landlords must declare any financial benefits from rent payment methods
- Entry notice extended from 24 to 48 hours, and entries limited to twice per 7 days after a notice to leave is given
- A prescribed rental application form limits what information can be collected, and personal information must be securely stored and destroyed within set timeframes
- Head of power created for a portable bond scheme and a rental sector code of conduct
CPD for property agents
The bill introduces mandatory continuing professional development for real estate agents, salespeople, auctioneers and resident letting agents. Agents must complete two CPD sessions per year, with non-compliance affecting licence or registration renewal. The scheme commences 12 months after assent to allow the industry to prepare.
- Property agents must complete two CPD sessions per year — one from the national training package and one from an approved list
- Non-compliance with CPD may result in refusal to renew a licence or registration certificate
- CPD records must be kept for 5 years, with a penalty of 10 penalty units for non-compliance
Local government superannuation
Permanent local government employees who are not defined benefit members can now choose to reduce or stop their employee superannuation contributions, including to 0%. The scheme trustee name changes from LGIAsuper to Brighter Super across all legislation.
- Mandatory employee super contributions removed — employees can nominate any rate including 0%
- LGIAsuper renamed to Brighter Super across all relevant legislation
Body corporate termination process
Technical amendments clarify how residential tenancies end when a community titles scheme is terminated for economic reasons. Lessees must receive at least 2 months notice before settlement, and the District Court can make orders to terminate leases and require premises to be vacated.
- Lessees must receive 2 months written notice before settlement when a community titles scheme is being terminated
- District Court given expanded powers to order lease termination and premises vacating
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced26 May 2021View Hansard
Introduced a bill to improve renters' rights by limiting rent increases to CPI, banning rent bidding, ending no-grounds evictions, allowing pets and minor modifications, and establishing minimum housing standards.
“With more and more people renting and renting long term, these are crucial reforms for a number of Queenslanders. Amidst increasing inequality, uncertainty and financial stress, it is more important than ever that governments take responsibility for basic rights.”— 2021-05-26View Hansard
▸Committee26 May 2021View Hansard
Referred to Community Support and Services Committee
The Housing, Big Build and Manufacturing Committee examined the bill over approximately seven weeks, receiving 103 submissions and holding a public hearing with key stakeholders including Tenants Queensland, REIQ, QCOSS, and the Property Council of Australia. The committee recommended the bill be passed, finding that its provisions appropriately balance renters' rights with property owners' interests. Feedback was largely polarised, with tenants' advocacy groups supporting the reforms and property industry groups raising concerns about several amendments. Opposition members filed a Statement of Reservation expressing concerns about the government's handling of rental reforms and questioning the practical operation of the portable bond scheme.
Key findings (5)
- Tenants' advocacy groups broadly supported the bill's intent, while property industry groups including the REIQ and Property Council of Australia expressed reservations about several amendments
- The committee was satisfied that the bond process reforms strike an appropriate balance between the rights of tenants and property owners, but encouraged wide consultation on the portable bond scheme
- Stakeholders raised concerns about the 3-year retention period for tenant records, with several submitters arguing it was too short for rental references, insurance claims, and taxation purposes
- The committee found the amendments limiting rent increase frequency to once every 12 months per property were appropriate, despite industry concerns about potential unintended consequences such as higher initial rents
- The committee noted merit in reconsidering the definition of 'exempt lessor' to ensure community housing providers, specialist disability accommodation providers, and student accommodation providers are not unintentionally excluded
Recommendations (1)
- The committee recommends the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill be passed.
▸Committee Report10 May 2024
Committee report tabled
That that the amendment be agreed to
Vote on the government's motion to put the question, moved by Minister Scanlon to end debate on the Greens' amendment and force an immediate vote. Carried 46-31.
The motion passed.
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Ayes (46)
Noes (31)
Vote on a motion
Party VoteGovernment motion to put the question immediately (gag motion) to end debate on the Greens' amendment calling for a rent freeze before the bill proceeds to a second reading vote.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
That the motion, as amended, be agreed to
Procedural vote following the defeat of the Greens' amendment, affirming the original motion that the bill be read a second time would proceed unamended. Carried 46-31.
The motion passed.
▸Show individual votesHide individual votes
Ayes (46)
Noes (31)
▸Second Reading23 May 2024View Hansard
That the amendment be agreed to
Party VoteVote on Mr Berkman's (Greens) amendment to delay the Residential Tenancies bill until the government commits to legislating a rent freeze, a long-term rent cap, and a guaranteed right to lease renewal. Defeated.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸33 members spoke20 support1 oppose12 mixed
Acknowledged the bills address some issues in the state but expressed concern that they do not give investors enough confidence to invest in rental properties, arguing that the housing crisis can only be fixed by encouraging private sector investment.
“This bill addresses some of the issues we have in the state, but the problem is that you must give investors a reason to invest.”— 2024-05-23View Hansard
As Minister for Housing, introduced and defended the bill as delivering stronger protections for Queensland renters, including limits on rent increases, banning rent bidding, and improving the bond process.
“These are the most significant reforms for Queensland renters in a generation.”— 2024-05-22View Hansard
Supported both bills as delivering on the Miles government's commitment to strengthen renters' rights and stabilise the rental market, and praised the manufactured homes bill for making residential parks fairer and more transparent.
“The Labor government will never turn its back on renters, but we know the LNP government will not hold the same line.”— 2024-05-23View Hansard
Strongly supported both bills, drawing on her experience working with vulnerable manufactured home park residents and welcoming the new protections against exploitation by park owners.
“I am really pleased to see there are further protections in there for the residents. I commend the bills to the House.”— 2024-05-23View Hansard
As shadow minister, stated the LNP will not oppose the bill but raised significant concerns about investor confidence, the risk of reducing rental supply, and restrictions on upfront payments that could disadvantage renters who prefer to pay in advance.
“We will not be opposing these bills. That is because we believe renters deserve a fair go, just as landlords, investors and homeowners all deserve a fair go.”— 2024-05-22View Hansard
Supported both bills as a committee member, highlighting the bond transfer reform and the ban on rent bidding, while noting further reform may be needed around dispute resolution for manufactured home parks.
“I wholeheartedly support these two bills. It was a pleasure to be part of the committee, to hear from the residents and also to represent the two manufactured home parks in my local area.”— 2024-05-23View Hansard
As minister, defended the bills in reply, rejecting the claim of waging a war on landlords, noting housing investor finance had increased 141 per cent since March 2020, and arguing only Labor would protect manufactured home owners and renters.
“I am proud to be a part of a government that is making renting fairer for the 30 per cent of Queenslanders who rent in this state.”— 2024-05-23View Hansard
As committee chair, reported the committee's recommendation that both bills be passed, highlighting the committee process including public hearings across Queensland.
“The committee recommends that both bills be passed.”— 2024-05-22View Hansard
As deputy committee chair, expressed concerns about investor confidence, the lack of detail on the portable bond scheme and code of conduct, and the potential for the bill to reduce rental supply.
“We are concerned that these legislative changes risk deterring future private investment in the residential rental market.”— 2024-05-22View Hansard
Spoke in favour of the bill's protections for renters, highlighting the impact of the housing crisis in regional areas like Bundaberg.
“In Bundaberg, the average weekly rent has increased by 40 per cent in the past three years. These reforms will make a real difference.”— 2024-05-22View Hansard
Supported the bill as necessary reforms to protect renters, speaking about the experiences of constituents in her electorate.
“These are sensible, measured reforms that will make a real difference to renters across Queensland.”— 2024-05-22View Hansard
Expressed concerns that the residential tenancies reforms could further reduce rental supply and drive investors out of the market, while not opposing the bill overall.
“I fear we will see more investors leave the market, which will only make it harder for renters to find a home.”— 2024-05-22View Hansard
Supported the bill, highlighting the impact of rent increases on families in her electorate and the need for stronger protections.
“Renters in my electorate have been doing it tough and they deserve these protections.”— 2024-05-22View Hansard
Expressed concerns about the impact on investors and rental supply while not opposing the bill, calling for better balance between tenant and landlord rights.
“We need to ensure that any reforms do not have the unintended consequence of driving investors out of the market.”— 2024-05-22View Hansard
Supported the bill but argued it did not go far enough, advocating for a rent freeze and genuine right to remain. Tabled amendments for rent freeze provisions.
“These reforms are too little, too late. Renters needed a rent freeze yesterday.”— 2024-05-22View Hansard
Supported the bill, highlighting the experiences of renters on the Sunshine Coast facing rising costs.
“These reforms will make a real difference for renters on the Sunshine Coast who are struggling with the cost of living.”— 2024-05-22View Hansard
Raised concerns about the impact of rental reforms on investors in regional areas where rental supply is already critically low.
“In regional Queensland, we simply cannot afford to lose any more rental properties from the market.”— 2024-05-22View Hansard
Supported the bill, highlighting personal experience as a former renter and the importance of protections for vulnerable tenants.
“As someone who rented for years before buying a home, I know firsthand how important these protections are.”— 2024-05-22View Hansard
Supported the bill, speaking about the impact of rent increases on families in her electorate.
“These reforms will provide genuine relief for the many renters in my electorate who are feeling the pressure of rising rents.”— 2024-05-22View Hansard
Stated the LNP does not oppose the bill but raised concerns about the impact on small landlords and rental supply in regional areas.
“We do not oppose this bill but we have real concerns about the impact these changes will have on rental supply in regional Queensland.”— 2024-05-22View Hansard
Supported the bill and specifically rebutted arguments for rent freezes, citing the Per Capita think tank report on the risks of such measures.
“Rent freezes sound appealing but the evidence shows they can have unintended consequences that hurt the very people they are designed to help.”— 2024-05-22View Hansard
As an independent, supported the bill while noting the particular challenges of the Noosa rental market and the need for balanced reform.
“These reforms are a step in the right direction for renters in Noosa who are struggling to find and keep affordable housing.”— 2024-05-22View Hansard
Supported the bill, highlighting the impact of housing stress on families in Logan.
“Families in Logan are feeling the pressure and these reforms will make a real difference.”— 2024-05-22View Hansard
Not opposing the bill but raised significant concerns about investor confidence, the impact on rental supply, and the need for balanced reform that supports both renters and landlords.
“We must be very careful not to drive investors out of the market, which would only exacerbate the housing crisis.”— 2024-05-22View Hansard
Supported the bill, speaking about the experiences of renters in his electorate.
“These are important reforms that will help renters in Stretton and across Queensland.”— 2024-05-22View Hansard
Supported the bill, highlighting the significant number of renters in the Logan electorate and their need for stronger protections.
“In Logan, many families rely on the rental market and these reforms will give them the protections they deserve.”— 2024-05-22View Hansard
Moved an amendment to delay the bill until the government commits to legislating a rent freeze, long-term rent cap, and guaranteed right to lease renewal. Argued the bill's reforms are insufficient and do not address fundamental power imbalances between renters and landlords.
“This bill does nothing to address the fundamental power imbalances between renters and landlords.”— 2024-05-22View Hansard
Supported both bills, highlighting the Miles Labor government's commitment to supporting renters through the Homes for Queenslanders plan and the direct cost-of-living support the reforms provide.
“Thousands of Bundamba locals and local households will be supported by these reforms.”— 2024-05-22View Hansard
Stated the LNP supports renters and will not oppose the bill, but expressed concern that prior tenancy reforms have already tipped the balance too far against landlords, citing his parents' decision to sell their investment property after the 2022 reforms.
“I fear that the last tranche of legislation may have tipped that scale a little bit too far, and I am concerned we may be going even further here again tonight.”— 2024-05-22View Hansard
Opposed the bill, arguing it punishes small mum-and-dad property investors, will reduce rental supply, and is the fifth reform to rental laws in as many years. Argued existing tenancy agreements already provide ample protections.
“This bill is not about renters or renters' rights. It is about driving ordinary Queenslanders out of the rental market to make way for the giant property conglomerates and institutional investors.”— 2024-05-22View Hansard
Supported the bill, highlighting the importance of housing security for vulnerable Queenslanders and particularly supporting the ban on rent bidding.
“I am proud to speak on this bill because I know it will make a lot of difference to the lives of everyday Queenslanders.”— 2024-05-22View Hansard
Stated the LNP is not opposing the bill but described it as tinkering around the edges that gives renters false hope. Acknowledged the privacy provisions as reasonable but raised concerns about investor confidence and rental supply.
“This is overall just tinkering around the edges. It is some trumped-up changes to give Queensland renters false hope that this decade-old government is taking the housing crisis that they are largely responsible for seriously.”— 2024-05-22View Hansard
Made a brief contribution noting stakeholder positions before adjourning the debate, with tenants groups supportive and property owner groups expressing reservations.
“Tenants advocacy and other special interest groups were largely supportive of the intent and measures proposed by the bill, whereas groups representing property owners or their interests, including the REIQ and the Property Council of Australia, expressed reservations about several of the amendments.”— 2024-05-22View Hansard
▸In Detail
Amendment 1: Inserted new clause 7A creating section 57AA to prohibit soliciting or accepting advance rent offers exceeding the amount required under section 87(1), with a maximum penalty of 50 penalty units.
Amendments 2-3: Amended clause 8 to exempt 'exempt lessors' from requirements regarding written agreements about the day of the last rent increase.
Amendments 4-5: Amended clause 10 to insert new section 76AB prohibiting soliciting or accepting advance rent offers exceeding the required amount for rooming accommodation, with a maximum penalty of 50 penalty units.
Amendment 6: Inserted exemption for 'exempt providers' from written agreement requirements for rooming accommodation.
Amendments 7-15: Technical amendments to clauses 12-20 clarifying definitions of 'exempt lessor' and 'exempt provider', adjusting rent increase provisions for exempt entities, and inserting section 97A defining 'exempt provider' for rooming accommodation.
Amendment 16: Inserted transitional provisions for new property purchasers within 12 months of commencement who do not hold information about the day of the last rent increase.
Amendments 17-18: Dictionary amendments to remove restriction of 'exempt lessor' definition to chapter 2, part 2, division 1 only, and to add 'exempt provider' definition.
Amendments 19-21: Replaced references to 'exempt lessor' with 'relevant lessor' in new sections 57B-57D regarding personal information handling.
Amendments 22-23 and amendment C24_0042 No. 1: Amended water service charge provisions and inserted new section 166A allowing partial billing period water charges based on meter readings and reasonable estimates.
Amendments 25-28: Technical amendments to property modification and reletting costs provisions, clarifying body corporate approval requirements and removing provisions about reletting costs.
Amendments 29-33: Amended privacy and bond provisions including changing record retention period from 3 years to 7 years after tenancy ends, adjusting personal information disposal timeframes, and inserting transitional provisions for existing rental bonds exceeding new maximum limits.
Amendment 34: Inserted Division 1A amending the Building Industry Fairness (Security of Payment) Act 2017 to validate adjudication applications and decisions where registry summaries were given instead of copies of adjudication applications, ensuring continued effectiveness of the adjudication system.
Amendment 35: Amended long title to include reference to the Building Industry Fairness (Security of Payment) Act 2017.
Sought leave to move an amendment outside the long title of the Residential Tenancies bill (after clause 34), likely to introduce additional tenant protections. The specific amendment text was not read as leave was denied.
Vote to grant leave
Party VoteDr MacMAHON (Greens) sought leave to move an amendment outside the long title of the Residential Tenancies bill, likely to introduce additional tenant protections such as rent caps. Leave was denied by division, resolved in the negative under standing order 106(10).
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Sought leave twice more to move amendments outside the long title of the bill (after clauses 34 and before clause 41). Leave was not granted on both occasions without division.
During Consideration in Detail, criticised the government for introducing last-minute amendments that revealed drafting errors, and argued that no element of the bill would make it easier for landlords to operate or invest in properties.
“Not one element of this bill would make it easier for a landlord to operate or to have confidence to invest in properties. This is something we need so that people can find a rental property.”— 2024-05-23View Hansard
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