Queensland Law Society and the REIQ have published new editions of the Contract for Houses and Residential Land (19th edition) and Contract for Residential Lots in a Community Titles Scheme (15th edition) today.
The new editions have been prepared following amendments to the Residential Tenancies and Rooming Accommodation Act 2008.
Members can access the new editions here and also view a Comparison Table showing the changes.
The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 amends the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) from 6 June 2024 as follows:
- Amends the provisions regarding rent increases to apply the annual limit for rent increases to the rental property, not the tenancy. The 12-month ‘rent limit’ will apply to the residential premises, so that a lessor or agent must not increase the rent for a residential premises less than 12 months after the day of the last rent increase for that premises (amended section 93 of the RTRA Act)
- Under a new section 93A, a tenant may request that a lessor or agent provide evidence of the day that the rent was last increased for the premises. Examples of evidence of the day of the last rent increase are provided and include a copy of a previous tenancy agreement, a written rent increase notice, or a copy of the rent ledger for the premises.
The Contract for Houses and Residential Land (19th edition) and the Contract for Residential Lots in a Community Titles Scheme (15th edition) have been amended to include the following obligations when a residential property is sold:
- The Seller must disclose whether the property has been subject to a Residential Tenancy Agreement or Rooming Accommodation Agreement at any time in the 12 months before the Contract Date and if so, the Seller must disclose the day of the last rent increase
- At Settlement, the Seller must deliver documentation sufficient to satisfy the obligations to provide evidence of the day of the last rent increase under the RTRA Act
- The Seller warrants that the statements made in the Contract in relation to Residential Tenancy Agreements or Rooming Accommodation Agreements (as defined) are true and correct and that the Seller has complied with the requirements of sections 91 and 93 of the RTRA Act as they applied on the date of each Tenancy.
If a previous version of the contract or a non-REIQ contract is being used after commencement of these changes, practitioners should give consideration to incorporating similar obligations on the Seller.
If the contract is already signed, a practitioner might consider whether cl 8.4(2) may be used to request information about the last day the rent was increased as a document necessary to manage the tenancy.
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