Tag Archives | Natural Disaster

Know the Options for Flood Affected Tenants and Lessors

So many have been affected by these terrible floods. If you are unfortunate enough to have had your home flooded we hope these details will assist.  Please contact our office on 3510 5221 if you would like to discuss more details.

If a tenancy has to be ended early due to the flooding crisis, there are things you need to know.

The Residential Tenancies and Rooming Accommodation Act 2008 has some flexibility where landlords and tenants are affected by natural disasters.

A tenancy can be ended early where the landlord and tenant agree the premises is non-liveable, provided action is started within four weeks of the disaster occurring. In cases where only part of the premises has been damaged, a rent reduction may be negotiated.

In all cases it’s important that the tenant and landlord liaise with each other, either directly or through a property manager, about any repairs that are needed.

Where an outcome can’t be reached between the tenant and landlord, a Dispute Resolution Request (Form 16) can be lodged with the RTA and a conciliator will try to assist.

Timeframes for bond refund claims and notices of unresolved disputes have been extended for flood-affected areas by the RTA.

More detailed information is available from the RTA website http://www.rta.qld.gov.au/update_floods_2011_special.cfm
or by calling the RTA Contact Centre on 1300 366 311.

Source. RTA Website

Comments { 0 }

RTA Extends Timeframes in flood Affected Areas

The RTA has extended deadlines for bond disputes and applications to the Queensland Civil and Administrative tribunal (QCAT) for those affected by the flooding crisis.

Queensland tenancy law gives timeframes for a number of matters relating to disputed bond refunds and applications to QCAT. However in flood-affected areas, the RTA has put a hold on time-sensitive matters such as Notices of Claim and Notices of Unresolved Dispute.

From 20 December 2010 until mid January 2011, if a Notice of Claim or Notice of Unresolved Dispute relates to a property in a flood-affected area, the RTA will put a ‘hold’ on the bond being disputed. This will give the affected party a reasonable chance to respond to the claim before the bond is paid out.

For example, if the RTA receives a Refund of Rental Bond (Form 4) that has not been signed by all parties, a 14-day Notice of Claim will be issued with an action due date, but the bond will not automatically be paid out after that date in flood-affected areas.

Similarly, where a Notice of Unresolved Dispute has been issued on a bond related matter and the client has seven days to advise the RTA of their application to (QCAT), it too will be placed on hold until mid-January for flood-affected areas.

However, if the situation changes and all parties agree on the disbursement of the bond, the RTA will release the bond money as requested. With uncertainties around the delivery of mail, it is even more important to have bonds refunded electronically, and not by cheque.

These RTA restrictions only affect bonds that are being disputed in flood-affected areas. Where all parties agree to the bond being released, the RTA will act accordingly.

The RTA will continue to monitor the flood situation on a regular basis and may extend or remove the current emergency measures that are in place.

Further information is available by contacting the RTA Contact Centre on 1300 366 311.

Source RTA Website

Comments { 0 }

Are you a Tenant or Lessor Affected by Flood? Support is Available

We certainly hope you have not been affected by the recent flood disaster but if you have we are including some details that may help you. Our hearts go out to all those affected, please call or email us if we can help in anyway.

There are a number of support services available for victims of Queensland’s floods, whether they rent their home or manage a rental property. See below for a list of Queensland Government and other tenancy services available for support during this period.

For all victims of the floods:

Service Support available Contact
Queensland Government Community Recovery and Coordination Centres Centres hosting a number of government services have been set up in Bundaberg, Chinchilla, Emerald and Rockhampton for flood victims 1800 173 349
State Emergency Service Helps communities prepare for, and respond to, natural disasters 132 500

For tenants who need support regarding tenancy matters:

Service Support available Contact
Residential Tenancies Authority (RTA) Information on tenant and lessor rights and responsibilities during natural disasters, and a free dispute resolution service for tenants and lessors 1300 366 311
Tenants’ Union of Queensland Tenancy support – statewide number 1300 744 263
TAAS – Tenant Advice and Advocacy Service – Rockhampton and Surrounds Tenancy support for the areas of Rockhampton and Emerald 1800 114 364 or
4922 7411
TAAS Toowoomba Tenancy support for the areas of Toowoomba, Chinchilla and Dalby 1300 008 272 or
4616 9700
TAAS Roma and District Tenancy support for the area of St George 1800 620 663 or
4624 0807
TAAS Bundaberg Tenancy support for the area of Bundaberg 4153 2957

Source RTA Website

Comments { 0 }