Queensland Rental Laws

Queensland

Budget 2021-2022 update outlines proposed land tax changes for interstate asset holders

The Queensland Treasurer has indicated in his 2021-2022 budget update that the State Government will seek to reform the current land tax system to take into account a landowner's total national taxable land value when determining the appropriate tax rate to apply to the Queensland proportion of the value of the individual or entity's landholdings.  

Currently Queensland land tax rates are based on landholdings in Queensland.  Under the proposal landowners with significant holdings in other States may be required to pay higher rates of land tax.

The existing exemptions will continue to apply, including principal place of residence and primary production landholdings.

These reforms are currently only a proposal and commencement will be subject to the State Government passing the appropriate legislative amendments.

QLD: Update to the REIQ residential contracts

On 20 January 2022, the REIQ released a new version of the:

• Contract for Houses and Residential Land (17th ed); and
• Contract for Residential Lots in a Community Title Scheme (13th ed).

Key changes to the REIQ Contracts include:

• the inclusion of a settlement extension regime which permits either party to extend the Settlement Date by up to 5 Business Days without requiring the other parties agreement;
• a requirement for the Seller to have compliant smoke alarms installed, failing which the Buyer can withhold 0.15% of the Purchase Price at Settlement; and
• the amendment to the definition of "Business Day" to exclude a date where both the Sydney and Melbourne offices of the Reserve Bank of Australia are closed

A detailed Insights article on the changes will be published shortly.

QLD: Housing Legislation Amendment Act 2021: remaining provisions proclaimed to commence on 1 October 2022

The Housing Legislation Amendment Act 2021 passed in October 2021 provided for a phased introduction of changes to the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA).

The reforms were introduced with the intent of improving safety, security and certainty for the Queensland rental market and amended the RTRA to provide for:

• early termination options for people experiencing domestic and family violence;
• a framework for parties to negotiate renting with pets;
• changes to the grounds under which a party may end a tenancy; and
• the inclusions of minimum housing standards.

The provisions enabling early termination for persons experience domestic and family violence commenced on 20 October 2021.

The balance provisions have now been proclaimed to come into effect on 1 October 2022, excluding the minimum housing standard which will apply to new leases entered into from 1 September 2023 and all tenancies from 1 September 2024. In the interim, strengthened repair and maintenance obligations will commence from 1 October 2022.