What is a tenancy agreement?

Summary

In this episode of the Talking Tenancies podcast, Belinda H. High hosts Helen Dugan from the Residential Tenancies Authority (RTA) to discuss everything tenants need to know about renting in Queensland. They explore the importance of tenancy agreements, different types of agreements (e.g., general, rooming, and movable dwelling), and the key details that should be included. Helen explains the process of signing an agreement, lodging a bond, paying rent, and the rights and responsibilities of tenants. The episode also covers what to do if tenants don't have a written agreement and the importance of understanding bond contributions and refunds.

Takeaways

• 😀 A tenancy agreement is a legally binding document between the tenant and property manager/owner outlining the rights, responsibilities, and expectations for both parties.
• 😀 There are several types of tenancy agreements in Queensland: general tenancy, movable dwelling, and rooming accommodation agreements, each with its specific terms.
• 😀 Tenancy agreements can either be fixed-term or periodic, with fixed-term agreements having a set end date, and periodic agreements continuing indefinitely until terminated.
• 😀 If a fixed-term tenancy continues after its end date, it automatically transitions into a periodic agreement with the same terms unless a new agreement is signed.
• 😀 The Residential Tenancies and Rooming Accommodation Act does not cover certain agreements, such as holiday lettings, office leases, and properties outside Queensland.
• 😀 A tenancy agreement should include essential details such as names, contact information, rent amount and payment terms, and any special conditions (e.g., who maintains the garden).
• 😀 Tenants should review the tenancy agreement carefully before signing, ensuring they understand and agree to all terms, and they have five days to make a decision.
• 😀 Bonds must be lodged with the RTA within 10 days, and it is illegal for property owners/managers to not lodge the bond.
• 😀 The tenant and bond contributor are not always the same person, and only bond contributors can make claims or disputes regarding the bond.
• 😀 If a tenant doesn't have a written agreement, they are still protected by Queensland tenancy law and can access RTA services for help with their situation.
• 😀 It's crucial for tenants to keep track of their rent payments and stay ahead to avoid confusion about payment dates, especially when rent is paid in advance.

Q & A

Why is having a tenancy agreement important?

A tenancy agreement is important because it acts as a legal contract between the tenant and the property owner or manager. It outlines both parties' rights and responsibilities, ensuring there are no misunderstandings or surprises during the tenancy.

What are the different types of tenancy agreements?

There are six types of tenancy agreements: 1) Fixed-term general tenancy agreement, 2) Periodic general tenancy agreement, 3) Long-term movable dwelling agreement, 4) Short-term movable dwelling agreement, 5) Fixed-term rooming accommodation agreement, and 6) Periodic rooming accommodation agreement.

What is the difference between a fixed-term agreement and a periodic agreement?

A fixed-term agreement has a set end date, such as 3 or 12 months, whereas a periodic agreement continues indefinitely with no set end date. When a fixed-term agreement ends, it may automatically transition to a periodic agreement unless a new agreement is signed.

What are movable dwelling agreements, and how are they different from general tenancy agreements?

Movable dwelling agreements apply to renting caravans or movable dwellings. They differ from general tenancy agreements because they have specific rules for short-term and long-term tenancies, with distinct notice periods and processes for each.

What should a tenancy agreement include?

A tenancy agreement should include the names and contact details of the tenant and property manager, tenancy start and end dates (or note if it's periodic), rent amount and payment methods, and any special terms or rules. Additionally, if you're renting in a complex, body corporate bylaws or park rules may be included.

What steps should a tenant take before signing a tenancy agreement?

A tenant should review the proposed tenancy agreement and applicable rules carefully. They should ask questions about anything unclear or negotiable. Tenants must make a decision about signing within 5 days and ensure all details, such as rent and tenancy duration, are correct before signing.

When should a bond be lodged, and what is the process?

A bond must be lodged with the Residential Tenancies Authority (RTA) within 10 days of payment. If the property manager or owner does not lodge it on time, it’s considered an offense. Tenants or bond contributors can lodge the bond directly with the RTA through their web services.

What is the difference between a tenant and a bond contributor?

A tenant is someone listed on the tenancy agreement, granting them the right to occupy the rental property. A bond contributor is someone who has paid part of the bond. While tenants are usually bond contributors, only bond contributors can update bond details or request refunds from the RTA.

What happens if a tenant doesn't have a written tenancy agreement?

Even without a written agreement, a tenant is still protected under Queensland tenancy law. They still have rights and responsibilities and can access RTA services. The lack of a written agreement does not diminish the legal protections.

What should tenants know about rent payments and rent in advance?

Tenants are required to pay rent in advance, and the amount must be paid before moving in. Property managers cannot request additional rent payments until the advance rent is used up. Rent and bond payments are separate, and the bond cannot be used for anything other than its intended purpose.