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You are here: Home / Renting / Selling / Buying Strata Property / Renting / Selling / Buying Strata Property QLD / QLD: Q&A Tenancy Agreements & the Body Corporate

QLD: Q&A Tenancy Agreements & the Body Corporate

Published August 19, 2020 By The LookUpStrata Team 7 Comments Last Updated October 15, 2020

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This article is about tenancy agreements & the Body Corporate.

Jump directly to the QUESTION you are after:

  • QUESTION: A simple way of getting rid of a tenant is to advise them when the lease agreement is due that the rent will be increased to an amount that they will not pay. Would this be legal?
  • QUESTION: Should we have a register of occupants which includes renting tenants? If this is correct, is there a template I could use?
  • QUESTION: Does my property management agent have any right to withhold a full copy of a tenancy contract relating to my unit property?

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Question: A simple way of getting rid of a tenant is to advise them when the lease agreement is due that the rent will be increased to an amount that they will not pay. Would this be legal?

I am Secretary/Treasurer of the unit complex where I live.

In reference to QLD Rental Reforms Bad News for Tenants a Disaster for Landlords in respect to “effectively granting them an option to stay in the property indefinitely.”

I showed this to one of our owners who leases their unit – his comment was a simple way of getting rid of a tenant is to advise them when the lease agreement is due that the rent will be increased to an amount that they will not pay.

Would this be legal?

Answer: Once the state elections are over (and unpopular changes can be made with less scrutiny) we’d expect QLD tenancy law reforms will be back on the agenda pretty quickly.

Once the state elections are over (and unpopular changes can be made with less scrutiny) we’d expect QLD tenancy law reforms will be back on the agenda pretty quickly.

Under current laws a landlord can’t propose an “excessive rent increase” for a current tenant and an increase can be challenged at tribunal. Comparable property rents, the difference between current and proposed rent, and the state of repair of the property are all taken into consideration by QCAT.

We don’t really know what either party will do in their reforms but we’d expect this provision is likely to remain.

Rob Honeycombe
Bees Nees City Realty
P: 07 5609 4924
E: [email protected]

This post appears in Strata News #414

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Question: Should we have a register of occupants which includes renting tenants? If this is correct, is there a template I could use?

Answer: The only requirement a body corporate has in relation to occupiers (tenants) and taking their details is where there is a lease of 6 months or more.

The only requirement a body corporate has in relation to occupiers (tenants) and taking their details is where there is a lease of 6 months or more. In that case, the tenant’s details must be given to the body corporate to be entered on the roll.

Outside of this circumstance, you can certainly ask for details but there is no obligation they be provided.

Is there a reason you think you may need a register?

Chris Irons
Hynes Legal
E: [email protected]
P: 07 3193 0500

This post appears in Strata News #400

Question: Does my property management agent have any right to withhold a full copy of a tenancy contract relating to my unit property?

I own a strata title unit which is a rented investment property. I have a property management agent contracted to manage the tenancy arrangements.

Does my property management agent have any right to with-hold a full copy of a tenancy contract relating to my unit property? For example – they provide only a redacted copy of a tenancy lease contract.

Answer: In most cases, the lessor is entitled to see a full copy of the agreement.

The tenancy is between the lessor/property owner and the tenant so in most cases, the lessor is entitled to see a full copy of the agreement. Providing a copy with redacted phone numbers/emails sometimes happens when agents are reluctant to have one party contact the other. This is not just for fear they will self-manage – agents are trained in the legislation and usually have a far more complete understanding of a tenant’s rights. Many of us have seen lessors enter a property without correct notices being provided for example.

Rob Honeycombe
Bees Nees City Realty
P: 07 5609 4924
E: [email protected]

This post appears in Strata News #392

Have a question about tenancy agreements & the Body Corporate or something to add to the article based on your own experiences? Leave a comment below.

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Read next:

  • QLD: What Obligations do Tenants have in a Body Corporate Scheme?
  • QLD: What Tenants Really Want – And Will Pay More To Have!
  • Qld Rental Reforms: Bad News for Tenants; a Disaster for Landlords

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

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Comments

  1. AvatarIrene M Smith says

    September 9, 2020 at 9:32 am

    Who pays for plumber to repair water hammers in unit.

    Reply
    • Liza Admin Liza Admin says

      September 24, 2020 at 9:08 am

      Hi Irene

      The following response has been provided by Chris Irons, Hynes Legal:

      Depends on your plan of subdivision and your Regulation Module. I take it that if you are commenting on this thread then you may be an occupier (tenant) and not an owner and if that’s right, you should be raising the issue with your real estate agent or owner direct, as this might be a tenancy issue, not a body corporate issue, about your rights as a tenant.

      The general rule of thumb is that the body corporate is responsible for common property and the owner is responsible for what happens within the boundaries of the lot. That can be very difficult to work out, though and might depend upon where the hammers are located in relation to common property and if they are servicing just the one lot, or several.

      Reply
  2. AvatarPaul Matthew says

    September 9, 2020 at 9:29 am

    One reason for body corporates to have a complete list of tenants is to comply with their fire safety obligations.

    Many apartment buildings fire evacuation plans require knowledge of who is in the building and whether they need assistance with evacuation. If body corporates do not have this information then lives may be lost. I’d say this is a very strong reason for body corporates to keep track of who is living in the building.

    Reply
  3. AvatarCarol says

    September 9, 2020 at 8:45 am

    Although the legislation requires owners to provide details of tenants who have a lease of six months or more this does not seem to happen in reality. Our BC manager recently advised that they do not keep any information on tenants and the resident manager who looks after most of the rentals refuses to provide tenant details. Having talked to people in other complexes this seems to be a standard response. There needs to be some more information on this so that owners know they are required to do it. It might work better if the leasing agent was required to provide it.

    Reply
  4. AvatarAllan says

    August 21, 2020 at 1:01 pm

    James, if you’re able to obtain a full copy of the tenancy contract then please upload everything verbatim that was redacted so that it can be pored over meticulously by those interested.

    From Rob Honeycombe, Bees Nees Realty says:

    “[…] …agents are trained in the legislation and usually have a far more complete understanding of a tenant’s rights. […]”

    Upton Sinclair said: “It is difficult to get a man to understand something when his salary depends on him not understanding it.”

    ‘Non sequitur’ has it that just because agents may understand some legislation doesn’t mean they will assiduously abide by it to the letter, and quite often it’s discovered, but only post it having done its damage, the particular legislation, right along with whomever cobbled it together, needed be tossed out of office.

    Just like a vacant property, *I’m not taken* by Rob Honeycombe’s “… a *far more complete* understanding of the legislation…”. If an agent has a *far more complete* understanding of the legislation then the inference may be validly drawn that the lessor has a *complete* understanding of the legislation, thus it is seen as bein’ *far more* than a brazen bit *over-the-top* for someone to attempt to surmount the *insuperable*. QED

    Reply
  5. AvatarJames Miller says

    August 21, 2020 at 7:02 am

    All parties to a tenancy agreement are entitled to a full copy of the signed agreement which includes the tenants full names.There are no privacy issues involved. Under s63 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) the lessor or the lessor’s agent must keep a copy of he signed agreement for a period of 1 year after the agreement ends. It seems unlawful that a lessor cannot see the full agreement held by their agent.(The Act does not apply to holiday lettings)
    It works both ways. External letting agents for lessors of apartments rarely give caretakers or the body corporate secretary their identity and contact details of the tenants.Consequently, as a body corporate chair,I have to contact owners directly if there is an issue with tenants (who are subject to compliance with the by laws under tenancy agreements as a statutory obligation).
    The whole letting process through external agents can be very unsatisfactory in some cases .As well, some owners do not understand their direct obligations to ensure that tenants observe the by laws failing which the owners themselves are in breach of the by laws whether they let through a letting agent or not.

    Reply
  6. Chris Irons, Strata Adviser, Hynes Legal Chris Irons, Strata Adviser, Hynes Legal says

    August 21, 2020 at 6:27 am

    Well said Rob. I’d also be interested to know what details were redacted because, as you say Rob, there may be a specific reason at play.

    The owner could also make enquiries with the Office of the Information Commissioner in Queensland to see if there are any privacy issues they need to be aware of.

    Reply

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