Changes to the RTRA Act for Ending Tenancies

October last year heralded some changes for Qld landlords and tenants in a bid to make things clear and fair for all parties.

The key changes related to pet policy, repairs and maintenance and, most importantly, termination of tenancies.

Before the changes, when there was a periodic lease in place (meaning there was no fixed term lease agreement), it was possible for landlords to issue a Notice to Leave form to tenants with two months’ notice, but on no particular grounds.

From 1 October 2022, landlords have only been able to issue a Notice to Leave on a small number of prescribed grounds.

Fixed term tenancies are not subject to the new rules, which means landlords who let their lease agreements roll over into a periodic tenancy should expect the ease with which they can end tenancies to diminish significantly.

Why would a landlord want to end a tenancy?

There are any number of reasons a landlord may seek to move tenants on. One of the most obvious ones in the current market is that rents are on the rise and a landlord may feel they could achieve $50 or even $100 more a week by taking the property back to the rental market.

Anyone who invests in property would understand this reasoning, but with rentals so hard to come by in such a landlord’s market, governments are scrambling to give tenants more of a sense of permanence and security in their homes.

Besides the lure of more money, landlords may also need to end a tenancy to undertake repairs, or renovations, use the property for themselves or a family member, or even sell the property.

Any of these reasons were fair grounds for issuing a Notice to Leave prior to 1 October, but not all are still acceptable.

So what reasons are acceptable for landlords?

Most of the acceptable reasons for ending tenancies are based around the sale or changed use of the property, or a disturbance in the tenant’s income and ability to pay rent. The Residential Tenancies Authority (RTA) lists the following reasons as acceptable for terminating a periodic tenancy, and the notice period required in brackets:

• For an unremedied breach that is a failure to pay rent (7 days notice)
• Unremedied breach that is any failure other than a failure to pay rent (14 days notice)
• Noncompliance (tribunal order) (7 days)
• Non-liveability (day of notice)
• Compulsory acquisition (2 months)
• Sale contract (2 months)
• Owner occupation (2 months)
• Ending of entitlement –employment (4 weeks)
• Ending of accommodation assistance (4 weeks)
• Ending of housing assistance (4 weeks)
• Serious breach (public and community housing)
• State government program (2 months)
• Demolition or redevelopment (2 months)
• Significant repairs or renovation (2 months)
• Change of use (2 months)
• Mortgagee in possession (2 months)
• Abandonment
• Tribunal order (urgent application) for:
  • Failure to leave
  • Hardship
  • Damage or injury
  • Objectionable behaviour
  • Repeated breaches

What about on the tenants’ side?

Tenants will still be able to end a tenancy on their side without grounds as long as they give a notice period of 14 days.

When ending with grounds, their reasons and notice periods are as follows:

• Non-liveability (day of notice)
• Unremedied breach (7 days)
• Non-compliance with QCAT order (7 days)
• Failure to comply with repair order (14 days)
• Compulsory acquisition (14 days)
• Intention to sell (14 days)
• Condition of premises (14 days)
• Ending of entitlement to student accommodation (1 month)
•  Death of a sole tenant (14 days)
• Death of a co-tenant (14 days)
• Tenant experiencing domestic and family violence (7 days but can vacate immediately)

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