Residential Tenancies Disputes (Qld)
Updated on Nov 15, 2023 • 3 min read • 418 views • Copy Link
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.
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