QLD Queensland COVID-19 residential tenancy legislation

QLD Government Residential Rental Hub: The Hub

This should be your go-to for information about tenant and landlord obligations in Queensland.

 

For renters

Paying rent

I have lost my job due to COVID-19. Can I be evicted and what can I do if I can't pay my rent?

A freeze on evictions has been announced. If you can’t pay your full rent you should work through a new rental rate with your property owner and formalise the new rent amount in writing. The RTA has a COVID-19 General Tenancy COVID-19 special terms form (18D) so the new agreement can be recorded properly.

Once the new amount has been agreed, this becomes the new rent amount. For example, if the rent goes from $400 per week to $200 per week, this becomes the new agreed rent and you are no longer liable for the old rent amount. You should specify the timeframe for the reduced rent, for example 6 months or until your income loss is resolved if earlier.

If you can’t come to an agreement with your property owner or agent, you should register immediately for conciliation. During this time, you should keep paying what you think is reasonable. As a general guide, it is 30% of your income. In conciliation, you will need to demonstrate your loss of income due to COVID-19. You will also need to demonstrate your income support payments or the steps you’ve taken towards getting income support.​

 

I have been issued with a notice to leave. Do I have to leave?

You cannot be evicted for rent arrears due to financial distress caused by COVID-19. If you have received a notice to leave in these circumstances, you should contact the property manager or owner to discuss this and negotiate a way to manage the issue.

There are approved reasons for ending a tenancy which will still apply. These include for example, where the premises are being sold or the owner is preparing the property for sale or there has been a serious unremedied breach by tenant (other than failure to pay rent due to hardship related to COVID-19). The full set of approved reasons to end a tenancy are available on the RTA website www.rta.qld.gov.au/Renting/Ending-a-tenancy/Ending-a-tenancy-agreement​

 

What if my tenancy is due to end within the 6 months evictions moratorium period?

If your lease expires within the 6 month period that the freeze on evictions applies and you wish to stay in the property, your property owner must offer you a 6 month extension of the lease. This is not a new agreement and should be an extension of your current agreement.​

 

For property owners

My tenant says they can't pay the rent anymore. I still have bills to pay.

Try to minimise the potential for tension or stress by communicating openly, understanding each other’s circumstance and working together to agree a way forward that works for both of you.

We are placing a freeze on evictions due to rent arrears for Queensland tenants experiencing financial distress due to the impacts of COVID-19, so it's important that property owners and tenants work together to find solutions. This freeze will apply from 29th March 2020 and extend for six months.

If your tenant is experiencing financial hardship due to COVID-19, please consider requests for reduced rent

It’s important that you talk with your tenant and try to reach agreement. You can ask why the tenant is having trouble paying their rent, but you can’t ask for information about their finances or for them to draw on their superannuation or sell personal items to raise the money for rent.

If you are unable to reach agreement, conciliation through the RTA will be a mandatory process. The RTA can ask the tenant to provide information about their personal finances that can assist to resolve the dispute.​

 

My tenants were behind with their rent before the pandemic was declared.

A freeze on evictions due to rent arrears caused by financial distress due to the impacts of COVID-19 was announced on 29th March 2020.

If the rent arrears are not caused by financial distress due to the impacts of COVID-19, you should follow the normal breach processes for rent arrears.

It is important to work with your tenant to try reaching an agreement about these issues during the pandemic.​

 

Does my previous notice to leave still apply if it was before the emergency arrangements started?

A freeze on evictions due to rent arrears caused by financial distress due to the impacts of COVID-19 was announced on 29th March 2020. A notice to leave issued before this date may still apply if it was:

• for rent arrears not caused by financial distress due to COVID-19
• an approved reason to end a tenancy that is not related to rent arrears.

If your tenant raises concerns about challenges, they will face to comply with the notice to leave, talk to them openly, try to understand each other's circumstances and develop an acceptable solution.​

 

When can I issue a notice to leave?

You can issue a notice to leave for an approved reason to end a tenancy except for rent arrears caused by financial distress due to the impact of COVID-19. If a lease expires within the six month freeze on evictions, you must offer a minimum six month extension of the lease. This is not a new agreement and should be an extension of your current agreement.​

 

I don't think there is anything terribly unreasonable in that legislation.

That's not to say it will be easy for landlords.

The key will be how effective the conciliation process is - if they are swamped (which they will be) it will be pretty difficult to make progress.

The fact that the RTA will be able to demand proof of the tenant's financial circumstances is important here.

 

Did you expect anything else?

The tenant is still expected to pay rent. The amount will need to be agreed to and if an agreement can't be reached, there will be a mandatory conciliation process where the tenant will need to prove their financial situation and take into account any government benefits they are paid. There should be no freeloading.

There's nothing ideal about this - but realistically, what are the alternatives?

The big question will be how landlord insurance will handle this. That could be a huge issue.

 

The problem is that many tenants would not be able to pay back those arrears - even when they get their job back. Having tenants accrue debts is exactly what the legislation is trying to avoid.

The RTA can demand this if you are not convinced that the tenant is being straight with you.

The guideline used by the RTA seems to be 30% of income is a reasonable amount to pay for rent.

The issue will be where people identify arbitrage opportunities and work out that they are better off not working compared to getting a new job. I haven't done the sums to work out if that's actually an issue.

I agree this is a big issue. The landlord insurers are in for a tough ride if they don't come to the party here - it will come down to how hard arsed they choose to be. Could seriously damage their reputation. Going to be interesting to see how this plays out.