Legal Advice for Rental Discrimination in Queensland

Renting a home should be a straightforward and fair experience. Unfortunately, discrimination can occur, affecting your right to equal housing access in Queensland. Knowing when to seek legal advice is crucial if you face any unfair treatment while renting.

Understanding Rental Discrimination

In Queensland, discrimination in renting occurs when a landlord or property manager treats you unfairly due to personal attributes. This can include race, religion, gender, disability, age, or sexual orientation. Discrimination is prohibited under the Fair Trading Act 1987 (Cth) and the Anti-Discrimination Act 1991 (Qld).¹

When to Seek Legal Advice

It's important to identify potential discrimination early and seek legal advice if:

• You suspect a rental application was rejected due to discrimination.
• You face discriminatory treatment during the tenancy, like refusal of repairs.
• A property manager makes harmful or derogatory comments related to personal attributes.

Steps to Take If You Experience Discrimination

1. Document the Incident

Keep a detailed record of the events, including dates, times, and what was said or done.

2. Seek Initial Resolution

Consider discussing your concerns with the landlord or property manager directly. Sometimes, issues can be resolved without legal intervention.

3. File a Complaint

If direct communication doesn't resolve the issue, you can file a formal complaint. Use Form 26: Notice to Remedy Breach, available on the RTA's official website. This form sends a formal request to your landlord or property manager to correct alleged discriminatory practices.

4. Seek Legal Advice

If discrimination continues, it may be time to seek legal advice from a community legal centre or contact the Queensland Civil and Administrative Tribunal (QCAT), which handles disputes related to tenancy and discrimination.²

It's crucial to act promptly if you suspect discrimination to ensure your rights are protected.

Resources and Support

• Queensland Civil and Administrative Tribunal (QCAT): For lodging formal complaints and seeking hearings.
• Queensland Residential Tenancies Authority (RTA): Offers various forms and guidance on tenancy issues.
• Anti-Discrimination Commission Queensland: A resource for understanding your rights under the Anti-Discrimination Act.

1. What should I do if I face rental discrimination in Queensland?
   Start by documenting the incidents, then attempt to resolve the issue with your landlord or property manager. If unresolved, lodge a formal complaint and seek legal advice.
2. Can a landlord reject my application based on having children?
   No, rejecting a rental application based on familial status is considered discrimination under the Anti-Discrimination Act 1991.
3. How do I file a tenancy dispute in Queensland?
   You can file a dispute with QCAT using the appropriate forms available on their website. Seeking legal advice can also clarify the process.

Need Help? Resources for Renters

If you need assistance, the following resources can help:

• Queensland Civil and Administrative Tribunal (QCAT) – For legal disputes and advice.
• Residential Tenancies Authority (RTA) – Offers guidance on landlord and tenant rights.
• Anti-Discrimination Commission Queensland – Provides insight and advice on discrimination matters.

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1. The Fair Trading Act 1987 (Cth) prohibits discrimination and ensures fair treatment in rental agreements.
2. The Queensland Civil and Administrative Tribunal (QCAT) is the official body for lodging complaints and disputes in Queensland.

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