The General tenancy agreement (Form 18a) is used when renting a house, unit, apartment, townhouse or houseboat in Queensland.
The General tenancy agreement (Form 18a) is used when renting a house, unit, apartment, townhouse or houseboat in Queensland.
Changes to Queensland rental laws came into effect from 6 June 2024. Learn more about the changes and what they mean for you.
Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.
A written agreement must always be used when renting, even if the person renting is family or a friend. It is a legally binding written contract that outlines the legal rights and responsibilities of a tenant and property manager/owner. It applies to everyone renting the property (e.g. those in share homes or co-tenancies).
It is the property manager/owner’s responsibility to organise the agreement and give a copy to the tenant before they pay any money or commit to the tenancy.
It is an offence under the Act to increase the rent in less than 12 months. The 12-month period applies even if the last rent increase was related to a different tenancy agreement with another tenant or by a previous manager or owner of the property.
As required by the Act, the property manager/owner must include the date of the last rent increase for the premises in the tenancy agreement (Form 18a/Form 18b/Form R18).
Rent increase requirements do not apply to exempt property managers/owners or exempt providers. The Act provides definitions for an exempt property manager/owner and an exempt provider.
The requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement, and the property manager/owner does not have information about the date of the last rent increase.
If the property was purchased within 12 months of a new lease starting and the property manager/owner does not have the information about the last rent increase, or if the property owner lived in the property before renting it out, how can they provide the date of the last rent increase on the tenancy agreement?
From 6 June 2024, the legislation requires property managers/owners to provide the date of the last rent increase in a general tenancy and rooming accommodation agreement. There is no specific exemption for situations such as when a property is purchased within 12 months of a new tenancy starting, and property managers/owners do not have the information of the date of the last rent increase. Additionally, the legislation does not address the situation where an owner who previously lived in the property begins renting it out for the first time and is unable to provide the date of the last rent increase.
The Residential Tenancies Authority (RTA) recommends that property managers/owners communicate to the tenant in writing if they cannot provide the date of the most recent rent increase at the beginning of a tenancy including the reason why that information cannot be provided.
Tenants can ask for evidence of the last rent increase if they have concerns about compliance with the legislation, however, if the property was purchased within 12 months of the start of the tenancy, the property manager/owner is not required to provide evidence if they do not have it.
Please note: that under the legislation an owner is deemed to have evidence of the last rent increase if they, or their agent (e.g. real estate agent, property manager, lawyer) has this information in their possession or control.
If the issue cannot be resolved through self-resolution, the customers may request a dispute resolution through the RTA or a tenant can request an investigation by the RTA.
Special terms can be added if the property manager/owner and tenant agree.
Examples: water charging, pool maintenance
The property manager/owner must provide the agreement to the tenant on or before the day the tenant occupies the property under the agreement. The tenant must then sign the agreement and return it to the property manager/owner within 5 days.
The tenant should be sent a copy within 14 days of the property manager/owner receiving the original.
The tenant must also be given a copy of the Pocket guide for tenants – houses and units (Form 17a).
The property manager/owner must give permission for any new tenants or sub-tenants before they can move in.
The property manager/owner must keep a copy of the agreement for 1 year after the agreement ends.
The General tenancy agreement (Form 18a) reflects the requirements of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act). Any inconsistency within the standard terms stated in the Residential Tenancies and Rooming Accommodation Regulation 2009 is to ensure compliance with the RTRA Act.
