Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 71

71 Tenant may apply to tribunal about significant change in subsequent agreement

(1) This section applies if—

(a) an agreement (the
"existing agreement" ) between a lessor and tenant creates a residential tenancy for premises; and

(b) the lessor of the premises enters into a new agreement with the tenant (the
"new agreement" ) for the premises that starts after the end of the existing agreement; and

(c) the new agreement contains 1 or more significant changes to the terms of the existing agreement; and

(d) at least 1 of the tenants mentioned in the existing agreement is a tenant for the new agreement.

(2) Also, this section applies whether or not the lessor for the existing agreement and the lessor for the new agreement are the same person.

(3) If the tenant considers the significant change is unreasonable, the tenant may apply to a tribunal for an order under this section.

(4) The application must be made within 30 days after the tenant enters into the new agreement.

(5) If the significant change relates to an increase in rent, the tribunal may reduce the rent payable under the agreement.

(6) In deciding an application that relates to an increase in rent, the tribunal must have regard to the following—

(a) the range of market rents usually charged for comparable premises;

(b) the proposed increased rent compared to the current rent;

(c) the state of repair of the premises;

(d) the term of the tenancy;

(e) the period since the last rent increase (if any);

(f) anything else the tribunal considers relevant.

(7) If the significant change relates to a change other than an increase in rent, the tribunal may make any order the tribunal considers appropriate in the circumstances.

(8) In deciding an application that relates to a significant change, other than an increase in rent, the tribunal must have regard to the following—

(a) how long the tenant has occupied the relevant premises;

(b) the impact of the significant change on the tenant;

(c) the impact on the lessor of not allowing the significant change;

(d) anything else the tribunal considers relevant.

(9) In addition to any order the tribunal may make under this section, the tribunal may order that the new agreement is taken to be altered as ordered by the tribunal.

(10) Subject to any order of the tribunal to the contrary, the terms of the new agreement apply from the day it is entered into.

(11) This section does not apply to an increase in rent if—

(a) the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or

(b) the lessor is the State and the tenant is an officer or employee of the State.

(12) In this section—

"significant change" , to the terms of an existing agreement, means a change to any of the following —

(a) the special terms for the tenancy agreement for the tenancy;

(b) the rent amount, and whether it must be paid weekly, fortnightly or monthly;

(c) the way the rent must be paid;

(d) any services supplied to the premises, other than water, for which the tenant must pay;

(e) whether the tenant must pay for water supplied to the premises;

(f) the number of occupants allowed to reside in the premises, if there is a limit on the number of occupants;

(g) whether pets are allowed;

(h) another matter prescribed under a regulation.