If you've ever leased a residence in Queensland, chances are you've questioned the regulations concerning residential tenancies. It's crucial to know the specific rights and duties that tenants and landlords have under Queensland law.

What’s The Law?

The Residential Tenancies and Rooming Accommodation Act 2008 is the legislation that governs renting in Queensland, with the Residential Tenancies Authority responsible for enforcing the law for tenants. As per the Act, landlords are typically required to furnish tenants with a written agreement that meets the Act's requirements. Generally, these agreements are standard forms, with the most frequently used being the General Tenancy Agreement Form 18a.

Our real estate lawyers have extensive industry experience in the law, and the regulations, and often assist landlords and rental agents with extensive special conditions. Whether this includes a review on internal special conditions, or developing them altogether.

How We Can Help

Our real estate lawyers have extensive industry experience in the law, and the regulations, and often assist landlords, rental Agent and even tenants. Some of the ways we can help include:

• reviewing internal special conditions, or developing comprehensive special conditions to accompany a General tenancy agreement form 18a

• assisting with legal disputes

• assisting with understanding the law and regulations

• advising on disputes and tribunal paperwork

• preparation and representation for appeal tribunal decisions

• advising on repair and maintenance obligations

• advising on damage or destruction

• assisting with insurance claims

• assisting with regulatory investigations or fines

• advising on Residential Tenancy Authority documents

• assisting with evictions, bond disputes, hardship

• assisting with tribunal hearings (preparing you for the hearing and your material)

Entering a Tenancy Agreement

Residential tenancy provisions apply to tenants who rent a house, unit, moveable dwellings and otherwise and it is crucial to ensure the correct agreement and procedures are being implemented from the outset.

At RHC Solicitors, we are well versed with the requirement of tenancy agreements, including the limitations under legislation. Before renting or placing a property on the market, you should always give consideration to the written agreement to ensure your rights are protects and that the agreement will withstand the strict limitations set out under law.

All tenancy agreements have standard terms, as well are special conditions and other requirements, and our experience is particularly in relation to the development and formulation of special conditions.

Despite this, when starting a tenancy, it Is important not only to put in place an agreement, but also to ensure the correct information booklets are provided, there are receipts for the bond, an Entry Condition Report is completed, as well are a copy of any park rules or by-lawyers are provided (if relevant).

Although a lot of people invest their trust in real estate agents, it is not until something becomes an issue when they realise that they need to obtain legal advice. This is especially where we can help; to avoid issues before they are created.

Appealing Adverse QCAT Decisions

At RHC Solicitors, we have extensive experience assisting both landlords and tenants appeal unfair or unjust decisions of the Queensland Civil and Administrative Tribunal (QCAT).

Depending on the circumstances, parties involved in a QCAT proceeding may have the option to appeal the decision either to QCAT's Appeal Tribunal or, in specific situations, to the Court of Appeal (Supreme Court).

Appealing a decision is not simply a matter of expressing dissatisfaction with the outcome. Rather, specific grounds must be met to proceed with an appeal.

An appeal application can be based on one or more of the following grounds:

1. A Question of Law

This pertains to matters that require the application of relevant legal principles or an interpretation of the law. It may involve issues such as the failure of the QCAT decision-maker to provide reasons or to ensure procedural fairness and natural justice.

2. A Question of Fact

This refers to matters that demand consideration of facts, evidence, and inferences drawn from those facts. It encompasses questions related to the interactions between parties, overlooked facts, or the weight attributed to specific evidence.

3. A Question of Mixed Law and Fact

This involves inquiries into whether the facts fulfill the legal criteria or standards

.

Appealing decisions come with strict time limits, and failure to initiate the appeal within these limits necessitates seeking an extension from the QCAT Appeal Tribunal or the Court of Appeal (Supreme Court). However, there is no guarantee that the extension request will be approved by the decision-maker. Generally, the time limits for various types of applications are between 21-28 days, and therefore it is crucial to contact us without any delay of a decision being made so that there is ample opportunity for us to help you.

Other Ways We Can Help

Our real estate lawyers have extensive industry experience in the law, and the regulations, underpinning residential tenancies and leasing and often assist landlords, rental agents and even tenants. Some of the other ways we can help include:

• Reviewing internal special conditions, or developing comprehensive special conditions to accompany a General tenancy agreement form 18a

• Assisting with legal disputes

• Assisting with understanding the law and regulations

• Advising on disputes and tribunal paperwork

• Preparation and representation for appeal tribunal decisions

• Advising on repair and maintenance obligations

• Advising on damage or destruction

• Assisting with insurance claims

• Assisting with regulatory investigations or fines

• Advising on Residential Tenancy Authority documents

• assisting with evictions, bond disputes, hardship

• assisting with tribunal hearings (preparing you for the hearing and your material)