How To End a Tenancy – Notice Periods in QLD Rental Property

tenancyTenancy law in Queensland requires certain reasons and time periods to be provided to end a tenancy by either the tenant or the lessor/agent. Following is an outline of the required reasons and notice periods. All notices must be in writing.

Notice periods for ending a tenancy

Either a tenant or an agent can give notice to end a tenancy; however certain rules and timelines
must be adhered to.

A fixed term agreement means that the tenant or resident will stay until the end date and has committed to pay rent until that point. If either party wants to end the agreement early they may
have to pay compensation and/or remaining rent.

The minimum notice period a tenant needs to give the lessor/agent if they want to move out when giving a Notice of intention to leave (Form 13) is:

•14 days or the end of the tenancy (whichever is later) without grounds under a fixed term agreement

•14 days without grounds (no reason) under a periodic agreement

•7 days for an unremedied breach

o 5 days for an unremedied breach for non-payment of rent in a caravan park

•7 days for non-compliance with a Queensland Civil and Administrative Tribunal (QCAT) order

•the same day for non-livability

•14 days for compulsory acquisition

If the tenant doesn’t give the correct amount of notice and use the correct form, they may be
subject to a claim for compensation from the lessor/agent.

The minimum notice period a lessor/agent must give a tenant if they want them to leave when giving a Notice to leave (Form 12) is:

•2 months without grounds (no reason) under a periodic agreement

•2 months or the end of the term (whichever is later) without grounds under a fixed term agreement (cannot be earlier than the end date of the agreement)

•7 days for unremedied rent arrears

•14 days for an unremedied breach

•7 days for non-compliance with a Queensland Civil and Administrative Tribunal (QCAT) order

•the same day for non-liveability

•2 months for compulsory acquisition

•4 weeks for a sale contract signed when the tenants are on a periodic agreement only

•Mutual agreement (where both parties agree on a certain date to end the tenancy)

© April 2013  This information has been sourced from the RTA www.rta.qld.gov.au with minor
editing carried out by www.realestateexcellence.com.au
Our agency is a member office of Real Estate Excellence

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Hello? Who’s there? And Who Has to Pay for Phone Connection?

phone connectionLessors are not obliged to provide a telephone connection in a rental property, but when a rental premises includes a phone line, the lessor must ensure it is in good repair.

At the beginning of a tenancy, it’s a good idea for a lessor and tenant to discuss whether or not a phone connection is included in the tenancy agreement.


Case study

A tenant wanted a phone line in his new rental home, so before his tenancy began he asked the lessor if the property already had a phone connection.

The lessor said there was no phone line, and after some negotiation they agreed to share the cost of getting a line installed.

Details of their arrangement were included as a special condition in the tenancy agreement.

The tenant then registered the phone number is his own name, and arranged for the bills to be sent directly to him.

Had the tenant and lessor not made these arrangements before the start of the tenancy, it would have been up to the tenant to follow the process for adding an inclusion to a rental property.

He would have to get the lessor’s permission in writing to have a phone line installed.

They would have discussed who would pay for the line’s installation. Once they reached an agreement they would have to set out in writing the details of any change to the premises.

Source : RTA Newsletter (6 April 2013)

 

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It’s Official – Using a Property Manager Earns You 15% More!

property managerLandlords who use the services of a property manager are 15 per cent more likely to earn positive rental returns compared to those who try to self-manage, new research has found.

A study by research consultancy group, BDRC Jones Donald, shows 51 per cent of landlords with professionally-managed properties earn positive rental returns, compared with only 36 per cent of those who self-manage. The BDRC Jones Donald Australian Private Property Investor Study is the first of its kind in a decade.

The national study surveyed 500 Australians who own one or more rental properties. It sought to identify their outlook on the market, intention to buy or sell, overall profitability and the use of financial and insurance products.

“The Australian Private Property Investor Study found that a majority of private investors rely on the professional advice and support of real estate agents to maixmise their investment returns,” BDRC Jones Donald managing director Dr Roger Donbavand said.

The study also showed that landlords are receiving positive financial returns, with 26 per cent breaking even on their investment, 35 per cent supplementing their normal income from their rental returns, and six per cent living solely off rental income.

Source : Residential Property Management (January 2013)

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Turning a Blind Eye on Blinds Could Cost $$$ and Lives…

blindsLandlords who supply corded window furnishings in rental properties must comply with Mandatory Product Standards designed to reduce the risk of strangulation of infants and young children.

The legislation is part of The Australian Consumer Law which came into effect on 1 January 2011 and incorporates The Trade Practices Act.

Any corded window covering such as Vertical Blinds, Venetian Blinds, Holland Blinds, Roman Blinds and Curtains and any fitting containing cords, such as Curtain Rods and Tracks must comply.

If your window coverings have cords they must have:

  • A Warning Label on each cord
  • A Child Safety Device, and
  • Installation and Child Safety Instructions

Failure to comply may expose you to severe penalties and may also be a breach of your duty of care to provide safe products in the home, which also exposes you to the risk of litigation which your insurance may not cover.

If your window coverings were installed before 1 July 2011 they may not comply and may also be in breach of your duty of care to provide safe products in the home, exposing you to the risk of litigation. If you think that your window furnishings do not comply, then contact Your Property Manager who can arrange for a specialist compliance inspection and retrofit of window coverings to make the home safe and put your mind at ease.

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New RTA publications for managing tenancies

rtaThe RTA’s suite of new and revamped publications for self-managing lessors, property managers, agents and tenants is now available.  Please take some time to check it out!

Download your copies today.

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