Key Takeaway Points
- The second phase of Stage 2 of Queensland’s rental reforms came into effect on 1 May 2025, under the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024.
- The changes relate to a new obligation to disclose financial benefits, standardised rental application processes, and modifications to rental privacy and procedure to request repairs to fixtures or make structural changes.
- The Queensland Government is yet to develop regulations and proclaim a date for commencement of the outstanding rental reforms.
Overview
On 1 May 2025, the second phase of Stage 2 of Queensland’s rental reforms commenced under the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 (Amendments Act). This article provides an overview of the changes introduced, which relate to new disclosure obligations, a new standardised rental application process, and modifications to rental privacy and access.
The Amendments Act is part of a staged reform process which commenced with the introduction of the Housing Legislation Amendment Act 2021. We have previously written on the changes that came into effect between 2021 to 2024, and these articles can be accessed here:
- Bryce Melville on LinkedIn: Property Developments – QLD Rental Law Updates;
- Bryce Melville on LinkedIn: Property Developments: Reforms to QLD’s Rental Laws; and
- Changes to QLD’s Rental Laws in 2024 – RedeMont.
Rental payments
Managing parties of rental properties are required to disclose any financial benefits that are received regarding the payments of rent or the way rental payments are made. This aligns with changes implemented in 2024 to increase transparency of the implications of rental payment methods.
Fixture and structural changes
Tenants must use the new prescribed Form 23 to request approval from the property owner to attach fixtures or make structural changes to their rental property. Once such a request is received, a property owner must respond within 28 days. If a property owner does not respond, a tenant does not have permission to proceed with the requested fixtures or structural changes but may apply for free and impartial dispute resolution through the Residential Tenancies Authority.
New rental application process
A new standardised rental application form must be used for all rental applications when a prospective tenant applies for a rental property. Non-compliance is an offence with a maximum penalty of 20 penalty units, which is equivalent to $3,226.00. The purpose of the new form is to promote efficiency, consistency and stability across rental application processes in Queensland.
What is the new form and its contents?
The approved rental applications request the following required information from a prospective tenant: their name and contact details, rental history, current employment, income, names of referees and intended term of the tenancy. The lessor may request no more than two documents from the prospective tenant in relation to their identity, suitability or ability to pay rent.
The lessor must nominate a choice of two ways for the prospective tenant to submit their application form, these being by email, postal mail, in-person or by another specified arrangement. Non-compliance with these requirements is an offence with a maximum penalty of 20 penalty units.
Information that cannot be requested by a lessor
The lessor is prohibited from requesting the following information from a prospective tenant:
• any legal action taken by the prospective tenant;
• a notice to remedy breach given to the prospective resident by a lessor or provider (or vice versa);
• the prospective resident’s history in relation to rental bonds, including any claim on a rental bond; and
• statements of credit accounts or bank accounts belonging to the prospective resident detailing transactions.
Lessors exempt from using the new form
This form does not need to be complied with by a property owner that classifies as an ‘exempt lessor’ for the purposes of the Amendments Act, these being a lessor who:
• receives funding for the premises under the Housing Act 2003;
• receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007;
• is the chief executive of the housing department, acting on behalf of the State;
• is the State, if the tenant is an officer or employee of the State;
• is the replacement lessor under a community housing provider tenancy agreement; or
• is prescribed by regulation to be an exempt lessor.
Protecting renter privacy
Entry notice period
The minimum entry notice period for lessors to enter the property has increased from 24 hours to 48 hours. The new prescribed notice period applies except for general inspections, safety checks, in an emergency or with agreement. The purpose is to attempt to ensure property owners enter the rental property for legitimate purposes.
Frequency of entry after notice to end tenancy has been issued
New limits now also apply to the frequency of entry to a rental premises after a Notice to Leave or Notice of Intention to Leave has been issued by a tenant. Once this has been issued, the lessor or their agent must not enter the premises more than twice in a 7-day period.
Exceptions to these limitations include if the reason for entry is to comply with legislative requirements in relation to smoke alarms or safety switches, if the tenant agrees, in an emergency or if entry is necessary to protect the premises or inclusions from imminent or further damage.
Personal information
The degree of personal information that may be requested from prospective tenants has been limited to information that is for the purpose of assessing their suitability as a tenant or resident for the premises, and that relates to the management of the rental premises.
All personal information collected must be stored in a secure way and accessed only for the purposes of property management or assessing suitability of a prospective tenant. Such information must be destroyed in a secure way within the following timeframes:
• within 3 months after an application is made, if the applicant does not become a tenant or resident; or
• within 3 years after the end of the residential tenancy agreement or rooming accommodation agreement.
Further rental reforms
The above-described changes that came into effect from 1 May 2025 is the final phase of Queensland’s rental reforms. The outstanding reforms that will commence on a date to be advised are the regulations for three new Heads of Powers pursuant to the Amendments Act. Our article linked here: Changes to QLD’s Rental Laws in 2024 – RedeMont provides a brief overview of these Heads of Powers, and we will provide an update once these regulations have been developed.
Next steps
Our Property team is happy to assist if you have any queries about how Queensland’s rental laws may affect you / your clients.
