RTA Webinar - Domestic and family violence provisions while renting

Summary

The webinar hosted by the Residential Tenancies Authority (RTA) of Queensland focuses on the provisions for domestic and family violence in tenancy laws. It outlines the rights of tenants experiencing violence, including the ability to terminate tenancy without penalty, and the responsibilities of property managers and landlords. The session discusses the legal amendments, provides a scenario for understanding the process, and offers resources for further education on the topic.

Takeaways

• 📝 The webinar focuses on domestic and family violence provisions in Queensland's tenancy laws, highlighting the RTA's commitment to education and awareness on this sensitive issue.
• 🏡 The Housing Legislation Amendment Act 2021, effective from October 2021, introduced changes to the Residential Tenancies and Room Accommodation Act, including provisions for tenants experiencing domestic and family violence (DFV).
• 🛑 Tenants affected by DFV can terminate their tenancy by giving seven days' notice and are not liable for re-letting costs or damages caused by the violence.
• 🔒 Tenants may change the locks on their rental property without the owner's consent for safety reasons, but this does not apply to room accommodation situations.
• 📋 Tenants must provide evidence of DFV, such as a protection order or a completed DFV report, to the property manager or landlord to support their notice of ending tenancy.
• ⏳ Property managers or landlords have a strict timeline to follow upon receiving a notice of ending tenancy interest, including assessing the notice and potentially applying to QCAT to set it aside.
• 🤝 Co-tenants are jointly liable for the tenancy, meaning they may be responsible for rent and bills, but not for damages caused by DFV experienced by one of the co-tenants.
• 💼 Property managers and landlords must maintain confidentiality and handle each DFV case with sensitivity, considering the complexities and potential impacts on all parties involved.
• 🔗 The RTA provides resources and education on the new laws, including flowcharts and forms, to assist property managers, landlords, and tenants in understanding and applying the DFV provisions.
• ❓ The webinar encourages participants to seek independent legal advice for specific situations, as the presenters cannot provide legal advice.
• 📊 The session includes interactive elements like polls and a survey to gauge audience understanding and gather feedback for future tenancy topic suggestions.

Q & A

What is the purpose of the RTA's webinar on domestic and family violence provisions in Queensland's tenancy laws?

The purpose of the webinar is to educate participants about the provisions in the tenancy laws related to domestic and family violence, ensuring that the Queensland rental sector is informed and aware of these sensitive issues.

Who are the presenters of the webinar?

The presenters are Lynn Smith from the Communication and Education team and her colleague Lauren Thompson.

What is the significance of acknowledging the traditional owners at the beginning of the webinar?

It is a sign of respect and recognition of the indigenous people of the land where the webinar is being hosted and where the participants are joining from.

What changes were introduced by the Housing Legislation Amendment Act 2021?

The Act introduced changes to the provisions under the Residential Tenancies and Room Accommodation Act, including immediate start of DFB provisions similar to the previous COVID-19 emergency response regulations, and other changes related to renting with pets, ending tenancy provisions, and minimum housing standards.

What are the key provisions for tenants experiencing domestic and family violence under the new laws?

Tenants can end their interest in the tenancy by giving seven days' notice and paying rent for that period. They can request a refund of their bond contribution and are not liable for re-letting costs or damages caused by the domestic and family violence.

What is the process for a tenant to vacate a property due to domestic and family violence?

The tenant must issue a Notice of Ending Tenancy Interest (NETI Form 20) to their property manager or landlord, along with relevant evidence such as a protection order or a completed domestic and family violence report.

What is the role of a property manager or landlord upon receiving a notice from a tenant experiencing domestic and family violence?

The property manager or landlord must assess the notice and evidence. If they do not agree, they must apply to QCAT within seven days to have the notice set aside and inform the vacating tenant of their intention to do so.

What are the responsibilities of a co-tenant like Joe in the scenario provided?

Joe, as a co-tenant, is jointly and severally liable for the tenancy, which includes paying the full rent, any bills, and addressing damages not caused by domestic and family violence. He also has options to consider, such as finding a replacement tenant or applying to QCAT for hardship.

What is the continuing interest notice and when should it be issued by the property manager or owner?

The continuing interest notice is issued to the remaining tenants between 7 to 14 days after the person experiencing domestic and family violence has ended their interest in the tenancy. It informs them of their ongoing responsibilities and rights.

What are the confidentiality considerations for property managers and landlords in handling domestic and family violence cases?

Property managers and landlords must maintain confidentiality throughout the process, especially with the new penalty provisions attached to non-compliance. They should handle the situation with sensitivity and awareness of the complexities involved.

What resources are available for further information on domestic and family violence provisions in tenancy laws?

Resources such as the RTA's website, which includes forms, flowcharts, and additional educational materials, as well as their contact center at 1300 366 301, are available for further information and one-on-one assistance.