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Residential Tenancies Disputes (Qld)

Michelle Makela

Residential Tenancies Disputes (Qld)

Residential tenancies disputes are disagreements that arise regarding accommodation agreements such as a residential tenancy agreement or a rooming accommodation agreement. Residential tenancy disputes in Queensland are dealt with under the Residential Tenancies and Rooming Accommodation Act 2008.

Tenant and landlord rights

If a tenant or lessor believes any of their rights under this Act has been breached by the other party, they may have a cause of action.

Tenant rights under the Residential Tenancies and Rooming Accommodation Act 2008 include:

the right to quiet enjoyment of the property
the right to have the property maintained in a liveable condition
the right to privacy
the right to end the tenancy if the property becomes unliveable

Landlord rights under the Act include:

receiving rent payments on time
to inspect the property up to every three months
to have the property kept clean and maintained
to have the property returned in a similar condition to how it was at the start of the tenancy.

Common issues that arise in relation to residential tenancies in Queensland involve the payment or non-payment of rent, refund of rental bond, service charges, maintenance and repairs to the property, entry to the premises (including for inspection), termination of the lease, sub-letting, standard of premises, caravan issues, and rooming accommodation agreements.

Resolving a residential tenancy dispute

When a dispute arises about a tenancy, parties should try to resolve it directly by talking and trying to reach an agreement.

If an agreement cannot be reached, an application can be made to Queensland Civil and Administrative Tribunal (QCAT) by lodging a Form 2 – Application for minor civil dispute – residential tenancy dispute with QCAT.

The process for dealing with a residential tenancy dispute depending on whether the situation is urgent or non-urgent. There are time limits that apply to lodging a residential tenancy dispute, depending on the type of dispute. Limitation periods vary between seven days and six months.

Urgent tenancy disputes

Examples of urgent tenancy disputes are disputes about urgent repairs, or ending a tenancy because of excessive hardship.

Urgent tenancy disputes may be dealt with by QCAT without first taking the matter to the Residential Tenancy Authority.

Non-urgent tenancy disputes

Examples of non-urgent tenancy disputes are disputes about bonds, routine repair orders, and disputes about pets.

Non-urgent tenancy disputes must go through the Residential Tenancy Authority’s dispute resolution process before they can be dealt with by QCAT.

Tenants experiencing domestic violence

If a party to a residential tenancy dispute is experiencing or has experienced domestic violence and is concerned about their safety, they can ask QCAT to take this into account when dealing with the application. QCAT may be able to assist by allowing them to attend by phone or video or taking extra security measures.

Residential Tenancy Authority

Either a landlord or a tenant can request dispute resolution by the RTA. This can occur during a tenancy or at the end of a tenancy.

The RTA will contact the person who made the request. It may then contact the other party and, if appropriate, arrange a conciliation conference.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Michelle Makela

National Practice Manager

Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.

Home Civil Law Queensland Residential Leasing Residential Tenancies Disputes (Qld)

Michelle Makela

National Practice Manager

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Michelle Makela

Residential Tenancies Disputes (Qld)

Tenant and landlord rights

Resolving a residential tenancy dispute

Urgent tenancy disputes

Non-urgent tenancy disputes

Tenants experiencing domestic violence

Residential Tenancy Authority

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