At Property Shop Port Douglas & Mossman we value keeping local property owners, investors, and tenants up to date with all the recent legal changes and amendments that affect their respective circumstances. Recently, there have been some significant changes made to the Residential Tenancies and Rooming Accommodation Act 2008 pertaining to maintenance and rental properties. As our team is comprised of highly-experienced property managers for the Douglas Shire region, we feel as though it is our responsibility to share these changes and how they may impact you.
The legal documents that form the foundation of the landlord-tenant relationship can be difficult to consume and understand for both parties. The team at Property Shop is here to make sure that everyone is on the same page and understands their specific obligations as part of these amendments.
What Are the Changes to the Act
From October 1st 2022, the Residential Tenancies and Rooming Accommodation Act 2008 will receive a new section. Section 221 states that tenants – or a representative entity – are given the right to appeal to the tribunal for any maintenance requests. The tribunal is then granted permission to make an order for any necessary repairs that it deems appropriate.
Once the repair order has been made, the responsible person is legally obligated to comply with the instructions to undertake the relevant maintenance repairs. Failing to do so means that they will be liable for up to 50 penalty units – equating to roughly $7000.
If the order has been given and none of the instructed repairs have been carried out on the property by or after the due date, then under the new section 307D, tenants can give a notice of leave.
What Does This Mean for Landlords
If you are the owner of an investment property in Port Douglas or Mossman, you are now legally obligated to carry out any maintenance and repairs on your property if they have been ordered by the tribunal.
There can be serious financial repercussions for owners who fail to comply with these orders and they will be opening the door for their tenants to leave. While this new section will naturally affect any owners with investments in short or long term rental properties in Port Douglas, the same is also true for any owners currently experiencing vacancies. If your property is vacant, then the tribunal can also order that no new lease agreements can be signed until the repairs have been undertaken.
Tenants that are living in houses for rent in Mossman or Port Douglas now have a pathway for dealing with any unresolved maintenance requests. While the tenant(s) can represent themselves when taking the matter to the tribunal, they can also have a tenant advocacy body such as Tenants Qld take on the application.
As stated earlier, if the repairs have not been carried out by the due date without any reason for the delay, then tenants will have the right to send in a notice of leave even if it means breaking their current lease without any repercussions.
Property Shop is Here to Help
Property Shop Port Douglas & Mossman provides high quality property management services to landlords and tenants of the Douglas Shire. Our team goes above and beyond to ensure that all necessary maintenance requests made by tenants are carried out so that all parties remain happy.
If you are a landlord or tenant in the region and have any more questions about the changes to this Act, then feel free to reach out to our friendly team today. Contact us on 07 4099 5355. We look forward to hearing from you!