No Winners - de Brenni's Rental Reforms

The Minister for Housing & Public Works, Mick de Brenni has announced Stage 1 of proposed rental reforms that would significantly damage Queensland’s rental market and create the most onerous rental laws in the country. Our Real Estate Institute of Qld (REIQ) strongly opposes the proposed reforms which they see as a slap in the face to property owners who provide the majority of housing to Queensland’s renters.

If enacted, the law change would erode fundamental landlord rights and deter property investment across the state. The reforms’ ripple effect would see renters struggling to find suitable housing under already tight conditions. In a further blow to renters by Mick de Brenni’s own admission, the reform would likely increase weekly rent from an average of $360 per week to $378, a 5% rise. Increased rent is possibly the good news.

However, the most controversial and damaging reform is the proposed abolition of a landlord’s right to not renew a tenancy agreement at the end of its agreed term. In practice, this will allow a tenant to remain for as long as they want unless the landlord can establish a reason prescribed by law. This reform has been cleverly disguised by the government as the abolition of “without grounds terminations or evictions”. That description is misleading as under current rental laws, landlords cannot end a fixed term tenancy agreement before it ends unless a breach has occurred.

Other proposed reforms include:

• the loss of a landlord’s right to refuse pets unless they can argue “reasonable” grounds for refusing (and provide that evidence to the tenant);
• a tenant having the right to make “minor” modifications to a rental property by giving the landlord notice with the landlord having 7 days to refuse in writing based on “reasonable” grounds (whatever that will mean)
• the introduction of minimum housing standards requiring the rental property and its inclusions to meet prescribed standards and to be in a certain state of repair
• a tenant having the right to spend up to 4 weeks’ rent on what is deemed to be an emergency repair
• a doctor or social worker being able to certify a domestic violence situation allowing tenants to give 7 days’ notice with the tenant not being “liable for property damage or rent arrears caused by acts of DFV”

The REIQ is disappointed that landlords have been overlooked in this rental law review. Queensland has one of the highest proportions of renters in Australia with more than 34% of Queensland households in the rental market with the vast majority of rental housing being provided by everyday Queenslanders.

Given the significance of these reforms, we are disappointed that the Minister is offering a very short consultation process after waiting a year to announce these reforms. On its face, the Government may think it is protecting tenants but in reality, we are likely to see housing supply reduce. There will be no winners.

As a community, it's time to unite and fight against these damaging, disingenuous reforms which will negatively impact both landlords and renters. The REIQ will be actively campaigning against the reforms via a range of avenues, including social media and other shareable channels. For success, the campaign will rely on the active support of real estate professionals and the community at large.

If you want the government to hear your voice you only have until 28^th December to act. You can make your voices heard and object to the changes by clicking here.

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