Cabinet Decision November 12!
Act now if you think tenants rights need improving!!

The Queensland tenancy laws are currently under review. Queensland Cabinet (made up of all the government Ministers) will meet on November 12 to decide what they want to include in the new laws. If you are concerned about the situation for tenants, now is the time to contact your local member of parliament and tell them what you think.

The housing and rental markets have significantly changed since the 1994 Residential Tenancies Act was written. As a result, tenants have very little bargaining power and often do not pursue their rights because they are fearful of being evicted. Now is the time to try and change this situation and to give tenants a fair go.

Tenant advocates in Queensland have thought about what reforms are required in order to improve the system. Their key law reform platforms are set out in the attached information.

If you have concerns of your own or agree with those attached, there are several things you can do to try and get the changes required.

What can I do?
You can email, call or seek a meeting with your local member of parliament and set out what you think needs changing. (If you don't know who your local member of parliament is, you can call Queensland Parliament house on 07 - 3406 7111 or their email address will be
(the name of your electorate)@parliament.qld.gov.au

You could also contact other decision makers who will influence this decision such as the the Premier, Minister for Housing, or members of the backbench housing committee. You can call Queensland Parliament House or the members section of the website:

( http://www.parliament.qld.gov.au/view/legislativeAssembly/members.asp?area=members&LIndex=1&Subarea=members )

Just one letter or email can make a difference. If you are concerned for your rights or the rights of others you know who rent, please ACT NOW!

Remember. These decisions will be made November 12.

Following are the key issues:

Overview of Tenancy Law Reform Issues

Platform One - Making Evictions Fairer (Just Cause Evictions)

The Act should outline the reasonable grounds for eviction (established with negotiation between Industry and tenant advocates) and the ability to evict without grounds should be removed.

If 'without ground' terminations are not removed, the Act should still outline the just reasons for evictions, increase all the notice periods for those where the tenant is not at fault, and make the 'without ground' eviction notice times longer than any other in order to discourage their use.

If reasons for evictions are not established in the Act, at least all 'no tenant fault' eviction notice periods should be increased. A high priority is increasing the two-week notice to leave at the end of a fixed term agreement, to the same notice required to end a periodic agreement. Currently this is two months but we recommend this be increased.

Platform Two - Rent Increases

In order to bring greater predictability for tenants regarding when they may have to pay increased rent or prepare to move:

Limit rent increases to one per year;

Give all tenants, regardless of the type of agreement they are on, three months notice of an increase.

Allow all tenants who believe a proposed rent increase is excessive (regardless of the type of agreement they are on) access to the Tribunal to seek adjudication about it. The test used by the Tribunal in determining these matters is predominantly a market test but it may stop price gouging.

Platform for Reform Three - A New Tribunal System

Establish either a new stand-alone tribunal or a specialist list within the Commercial and Consumer Tribunal (CCT). Under the CCT Act 2003 a new list may develop its own unique administrative laws. This would allow for the establishment of specifically designed processes for the efficient and effective processing of tenancy disputes.

Regional access can be guaranteed through an agreement to access the current Magistrates court facilities (as occurs in NSW and Victoria) as well as an ability to hire other venues as required.

Overall timelines for the resolution of tenancy disputes is likely to be significantly reduced since both conciliation and hearings would be conducted within the new jurisdiction. This compares to the current practice where non-urgent matters must go through two completely separate application processes (RTA DR and SCT) with their own wait times.