Residential Tenancies - Impact of COVID-19 Guidelines by Queensland Government

As a result of the COVID-19 pandemic, the Residential Tenancies Practice Guide COVID-19 has been developed by the Queensland Government in their approach of implementing a moratorium on evictions in residential property.

A summary of the Guidelines include:

• threshold criteria to qualify for the application of the COVID-19 rental response, which include a 25% reduction in income, or where the rent exceeds 30% of the tenant’s income

• tenants can be asked to provide the same proof of finances to property managers just as they would when starting a tenancy

• clear guidance on access for the sale of the property, virtual rental inspections and access for essential repairs and maintenance

• 75% income loss threshold before a tenant can end a tenancy with a 7-day cap on break lease fees, and

• limiting any extension on the term of a tenancy agreement during the COVID-19 period to 30 September 2020, unless agreed otherwise by the owner and tenant, or where there is an appropriate ground to end the tenancy.

As a final step, amendments to the Residential Tenancies and Rooming Accommodation Act 2008 will soon be introduced into the Qld Parliament to enable the emergency measures. Once we are aware of the details of the legislation, we can provide more detailed advice to our clients.

If you are a Landlord or Tenant requiring legal advice on your rights and obligations for residential tenancies during this pandemic, please contact our experienced and friendly property team for specific advice for your circumstances.