practice-direction-4-of-2023-applications-for-residential-tenancy-disputes
Minimum housing standards came into effect for new tenancies from 1 September 2023 and for all tenancies from 1 September 2024.
Minimum housing standards aim to ensure all Queensland rental properties are safe, secure and functional and provide tenants, residents, property managers and owners more clarity around the maintenance obligations for rental properties.
If a dispute arises about minimum housing standards, some disputes may be urgent and can be brought straight to QCAT, without the need to first attempt to resolve the dispute through the RTA.
Some disputes about minimum housing standards may be non-urgent and must first go through the RTA dispute resolution process. If the dispute cannot be resolved or is not suitable for conciliation. If the dispute is not resolved and you wish to come to QCAT for a decision, you must attach a copy of the NURD with your Form 2 – residential tenancy application when you apply below.
The RTA has developed comprehensive fact sheets, videos, webinars and quick guides to assist you with understanding the new laws about minimum housing standards in rental properties.
Urgent tenancy disputes can be brought straight to QCAT, without needing to go through RTA dispute resolution first.
The following are considered urgent tenancy disputes:
- ending a residential tenancy or rooming accommodation agreement for reasons such as:
- repeated breaches
- excessive hardship
- objectionable behaviour
- property damage or injury to a person
- abandoned premises
- warrant of possession
- retaliatory action
- handling of abandoned goods or documents
- emergency repairs
- extension of time to comply with a repair order
- proposed or existing tenancy database listings
- entry to the premises
- caravan park issues such as:
- excluding a person
- changing park rules
- relocation within the park
- rooming accommodation issues such as:
- house rules
- ending of agreements
- abandoned goods
- entry to the premises
- domestic violence issues
- determining if an agreement is covered under the Residential Rooming and Accommodation Act 2008
- some disputes around minimum housing standards.
For more information about any of the above items, visit the RTA website.
Renters or their representatives can apply for a QCAT order for routine or emergency repairs to a rental property.
Emergency repairs
Emergency repairs are works needed for any of the following:
- burst water service or serious water service leak
- blocked or broken toilet system
- serious roof leak
- gas leak
- dangerous electrical fault
- flooding or serious flood damage
- serious storm, fire or impact damage
- failure or breakdown of gas, electricity or water supply to a premises
- failure or breakdown of an essential service or appliance for hot water, cooking or heating
- fault or damage that makes a premises unsafe or insecure
- fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of premises
- serious fault in a staircase, lift or other common area of a premises that unduly inconveniences a tenant in gaining access to, or using, the premises.
Routine repairs
Routine repairs are those which are not listed in the above list of emergency repairs.
Routine repairs are non-urgent tenancy disputes. You will need to go to RTA for conciliation before coming to QCAT about routine repair orders
Tribunal considerations
Factors that QCAT must consider in an application for a repair order include:
- conduct of the rental provider and agent
- risk of injury that the damage is likely to cause a person at the rental property
- loss of amenity due to the damage
Until a repair order is complied with, the repair order:
- continues to apply to the rental property
- does not end when any residential tenancy agreement comes to an end
QCAT must give a copy of any repair orders to the RTA.
Lessor’s agent and emergency repairs
The lessor’s agent may:
- arrange for a suitably qualified person to carry out emergency repairs to the rental property (if repairs are not likely to cost more than the emergency repair limit in the tenancy agreement). The emergency repair limit is the amount that would be payable under the tenancy agreement for 4 weeks’ rent.
- pay for emergency repairs – the agent may make deductions from rent payments up to the cost of repairs before rent payments go into the lessor’s account.
If the lessor’s agent does any of the above, the agent must inform the lessor as soon as practicable.
Tenants and emergency repairs
If a tenant arranges for emergency repairs, they may require the lessor to:
- reimburse them for any amount they properly incurred
- pay for the cost of repairs directly to the actual repairer.
Emergency repair limit
From 1 October 2022 the emergency repair limit, or maximum amount that a tenant or lessor’s agent may incur for the cost of emergency repairs, increased from 2 to 4 weeks’ rent.
Extension of time to comply with repair order
A lessor or landlord may apply to QCAT for an extension of time to comply with a repair order.
QCAT may grant the extension for any of the following reasons:
- hardship
- shortage of material necessary to make repairs
- remote location of the premises is causing difficulty with any of the following:
- being supplied with material necessary to make repairs
- engaging a suitably qualified person to make repairs
QCAT must give a copy of any extension of time to comply with repair orders to the RTA.
Offence of not complying with a repair order
It is an offence not to comply with a repair order unless there is a reasonable excuse.
Non-compliance with a repair order incurs a maximum of 50 penalty units. For each week that the offence continues after someone has been charged with contravening it, an additional 5 penalty units will be imposed.
The RTA investigates alleged offences that attract a penalty under the Residential Tenancies and Rooming Accommodation Act 2008. To find out more about RTA enforcement and prosecution processes, please refer to the RTA website.
🟦 PART 1 — Residential Tenancies Dispute (RTA Breaches)
Jurisdiction: QCAT – Tenancy Dispute (Residential Tenancies and Rooming Accommodation Act 2008)
📋 Allegations:
- Unlawful Entry:
- No valid Form 9 – Entry Notice provided prior to entries. (dates)
- No fresh notice for repeat or ongoing visits as required by law.
- Breach of s192–200 of the RTRA Act 2008.
