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QUEENSLAND TENANCY LAWS CHANGING OCTOBER 1ST, 2022

Queensland Tenancy Laws Changing October 1st, 2022

A major tenancy law change is the notices of intention to leave given by the tenant to the lessor:

  • Unremedied breach - 2 days
  • Noncompliance with a tribunal order - 7 days
  • Non-livability - day the notice is given 
  • Compulsory acquisition  - 14 days
  • Intention to sell - 14 days
  • Condition of premises - 14 days

New section 307A Notice of intention to leave because of the condition of premises is inserted. Within the first 7 days on which the tenant occupies the premises
under a residential tenancy agreement, the tenant may give a notice of
intention to leave the premises to the lessor because:
 the premises are not fit for the tenant to live in,
 the premises or inclusions are not in good repair,
 the lessor is in breach of a law dealing with issues about the health or
safety of persons using or entering the premises,
 the premises or inclusions do not comply with the prescribed minimum
housing standards.
However, subsection 307A(2) provides that the tenant may not give a notice to
leave under subsection 307A(1) if the circumstance was caused by an action or
failure of the tenant. A notice of intention to leave under section 307A is called
a notice of intention to leave because of condition of premises. This ground
does not apply to a residential tenancy that is a short tenancy (moveable
dwelling).

  • Death of a cotenant - 7 days

New section 307B Notice of intention to leave because of death of cotenant is
inserted. It provides that the tenant may give the lessor a notice of intention to
leave the premises if another tenant under the residential tenancy agreement
dies, and it would be impractical for the tenant or cause the tenant excessive
hardship for the tenant to remain in occupation under the residential tenancy
agreement. A notice of intention to leave under section 307B is called a notice of
intention to leave because of death of cotenant. This ground does not apply to
a residential tenancy that is a short tenancy (moveable dwelling).

  • Failure to comply with tribunal repair order - 14 days

New section 307D Notice of intention to leave because of failure to comply with
repair order is inserted. Subsection (1) provides that a tenant may give a notice
of intention to leave the premises to the lessor if a repair order applies to the
lessor about the premises, and the repair order requires repairs to be carried
out to the premises or inclusions by a stated day, and the lessor fails to comply
with the repair order by the stated day. A notice of intention to leave under this
section is called a notice of intention to leave because of failure to comply with
repair order.

  • Without grounds - 14 days and not before the end of a fixed-term agreement 

Above sources from Real Estate Excellence.