Queensland Renters: Know Your Rights on Minimum Standards

Renting in Queensland comes with protections designed to ensure your home is safe, secure, and provide a reasonable standard of living. Understanding your rights regarding minimum standards and habitability is essential for all renters to safeguard these living conditions.

Minimum Standards for Rental Properties in Queensland

In Queensland, rental properties must adhere to certain minimum standards to ensure they are habitable. These are outlined in the Residential Tenancies and Rooming Accommodation Act 2008.

What Are These Standards?

• Functional ventilation, electricity, and plumbing
• Provision of security with functioning locks on all external windows and doors
• Safe structures, with walls, roofs, and floors maintained

If these standards are not met, tenants have the right to request repairs from their landlord.

Your Rights and How to Exercise Them

Requesting Repairs

If you encounter issues related to habitability, you can request repairs. This process begins with notifying your landlord in writing, via a Notice to Remedy Breach (RTA Form 11), which officially alerts them to fix the issue.

Filing a Complaint

Should the landlord not address the issue promptly, you may escalate the complaint to the Residential Tenancies Authority (RTA) or apply to the Queensland Civil and Administrative Tribunal (QCAT) to enforce compliance.

Tip: Keep records of all communications and receipts of payment for repairs if you organise them.

What Is Habitable?

A property is considered habitable when it is clean, safe, and fit for tenants to live. This means no major safety risks, health hazards, or breaches of local council requirements.

Legislation Supporting Rental Protections

Queensland renters are protected under the Residential Tenancies and Rooming Accommodation Act 2008. Nationally, tenants also benefit from consumer protections under the Fair Trading Act 1987 (Cth).

1. Can my landlord evict me for requesting repairs? It's unlawful for a landlord to evict a tenant in retaliation for requesting repairs or expressing the need for the property to comply with the minimum standards.
2. What should I do if my property doesn't meet the minimum standards? Initially, report the issue to your landlord. If there's no response, seek assistance from the RTA or apply to QCAT.
3. Is tenant insurance needed for general repairs? While tenant insurance is not required for repairs, it provides coverage for personal property, offering an additional layer of protection.

1. How to request necessary repairs
   1. Step 1: Document the issue - Take photos or videos and note any safety or health risks.
   2. Step 2: Contact your landlord - Use written communication, like an email or letter, to explain the issue and request a remedy.
   3. Step 3: Lodge a Notice to Remedy Breach - If the landlord doesn't respond, lodge a formal Notice to Remedy Breach with them.
   4. Step 4: Seek mediation - If there's no resolution, apply to have the issue mediated by the RTA.

Need Help? Resources for Renters

If you're facing unresolved issues regarding the minimum standards or habitability, consider reaching out to:

• Residential Tenancies Authority (RTA)
• Queensland Civil and Administrative Tribunal (QCAT)
• Your local community legal centre for free advice

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1. Residential Tenancies and Rooming Accommodation Act 2008

2. Fair Trading Act 1987 (Cth)

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