Why a rule change that makes it harder for landlords to evict a tenant will also make it harder to find a rental property
- Queensland tenancy rules are changing on October 1 to heavily favour renters
- Landlords will need a good reason to kick out a tenant, including a renovation
- Propertyology’s head of research Simon Pressley said this would force sales
Tenants in one state of Australia will soon be immune from being evicted without a good reason under new laws coming into effect in October.
Queensland renters will soon only be allowed to be kicked out if the landlord is renovating or demolishing the home, the owner wants to move in or rent hasn’t been paid.
But, provided the tenant has been well-behaved and hasn’t acted illegally on the premises, they will have the right to remain in the property under that state’s Housing Legislation Amendment Act 2021.
Landlords will also need to have a good reason for refusing a renter permission to keep a pet.
Simon Pressley, the head of research with buyers’ agency Propertyology, said the new rules coming into effect on October 1 would force landlord investors to sell, exacerbating Queensland’s rental crisis.
‘At a time when the sunshine state already has its biggest ever shortage of rental accommodation, it is likely that thousands of existing landlords will sell, thereby shrinking the size of the rental pool and leaving thousands of Queensland tenants with nowhere to live,’ he said.
Tenants in one state of Australia will soon be immune from being evicted without a good reason under new laws coming into effect in October. Simon Pressley, the head of research with buyers’ agency Propertyology, said the new rules would force landlord investors to sell, exacerbating Queensland’s rental crisis (pictured is a house at Stafford in Brisbane’s north)
‘There’s now reason to anticipate a period of intense and prolonged unrest in the Sunshine State.’
Brisbane’s rental vacancy rate stood at 0.7 per cent in July, SQM Research data showed.
The Gold Coast and Cairns had an even tighter vacancy rate of 0.6 per cent.
Mr Pressley argued the new arrangements would also end the ‘periodic lease’ whereby landlords could continue renting out the property to the same tenant without formal paperwork.
‘New draconian legislation effectively means that once a Queensland rental property is on a periodic lease arrangement, the tenant can remain living there for as long as they want,’ he said.
‘The only way that the asset owner can force the tenant out is if they move into the property themselves, sell the property or commence in a major renovation.’
The legal changes remove a landlord’s right to evict a tenant ‘without grounds’ and will only allow fixed-term agreements with renters.
Queensland Housing Minister Leeanne Enoch in February argued the new laws would give certainty to renters.
Brisbane’s rental vacancy rate stood at 0.7 per cent in July, SQM Research data showed. The Gold Coast (Surfers Paradise, pictured) and Cairns had an even tighter vacancy rate of 0.6 per cent
‘By ending no grounds evictions, renters and property owners now have more certainty about how and when parties can end their tenancy arrangements,’ she said.
‘Everyone deserves to live in a safe and secure home.’
Tenants under the rules will also have the right to have pets from October 1.
A landlord will be required to explain in writing, within 14 days, why a pet can’t be kept on the rental property, and what by-law this would breach.
But they can also stipulate conditions for keeping a pet on the property, including that a dog be kept outside or that carpets are cleaned.
Queensland Housing Minister Leeanne Enoch in February argued the new laws would give certainty to renters
Grounds for ending a lease in Queensland from October 1, 2022
Failure to pay rent
Breaching rental rules or ignoring a tribunal order, including an order to leave the property for objectionable behaviour, repeated breaches or property damage
Ending of accommodation assistance
Ending of housing assistance
Demolition or redevelopment
Significant repairs or renovation
Change of use