Domestic and family violence provisions under Queensland's tenancy laws

Duration: 8:06 1193 transcript words EN summary

Video summary

Queensland's tenancy laws provide specific protections and procedures for tenants experiencing domestic and family violence, allowing them to end a sole tenancy or their share of a joint tenancy if they feel unsafe. Under the Residential Tenancies and Rooming Accommodation Act 2008, a tenant who wishes to leave can submit an RTA form 20, known as a notice ending tenancy interest, along with relevant evidence such as protection orders, police notices, or signed reports from authorized persons. While the tenant must provide seven days' notice and is liable for rent during that period, they have the right to vacate the premises immediately if safety is compromised. Property managers or owners receiving this form must respond within seven days to either accept the notice or initiate proceedings with QCAT; failure to contact the tenant within this timeframe is legally considered acceptance of the notice. For tenants who choose to remain in the rental property, the law grants them the right to change locks or access codes without permission to ensure their continued safety, though they must bear the cost and hire a qualified tradesperson for the work. In such cases, the tenant must provide copies of keys or codes to the property manager or owner, who is strictly prohibited from sharing this information with anyone else unless there is reasonable cause or tenant permission. Additionally, if a domestic associate needs to replace the victim as the named tenant on the agreement due to safety concerns, they can seek an order from QCAT to be added to the tenancy, provided they inform the property manager or owner of their intention to do so. The legislation also clarifies financial responsibilities and liabilities for tenants leaving due to violence, ensuring that victims are not unfairly penalized. A vacating tenant is not responsible for any damage caused by the perpetrator during acts of violence, nor are they liable for costs associated with removing goods left behind or re-letting the property early. However, they remain accountable for standard end-of-tenancy obligations such as cleaning and rent for the notice period if ending a sole tenancy. Furthermore, when a tenant submits a bond refund claim using form 4A, the property manager or owner must respond to agree or dispute the claim regarding their share of the bond. Throughout these processes, strict confidentiality requirements apply to protect the privacy of individuals involved in domestic and family violence situations. Property managers and owners receiving form 20 notices are bound by these rules, which can be reviewed on the RTA website. The video emphasizes that while QCAT adjudicators assess whether the submitted evidence meets legislative standards, they do not judge the tenant's personal experiences or beliefs regarding safety. For those in immediate danger, emergency services should be contacted at 000, while non-emergency support is available through organizations like 1800 Respect, DV Connect, and Lifeline, with further detailed information accessible via the RTA website or contact center.

Read the full video transcript

Hello. My name is Cassie from the RTA, and today I'm going to share with you some information on the domestic and family violence provisions under Queensland's tenancy laws. Today, I'm going to talk you through requirements for both tenants and owners or managers if domestic and family violence impacts a tenancy. The information today is not legal advice, and we encourage anyone who needs to utilize these processes to seek further information from the RTA. If you are experiencing and family violence and are in immediate danger, please call 000. Under the Residential Tenancies and Rooming Accommodation Act of 2008, there are a couple of options available to someone who has experienced domestic and family violence during a tenancy. If a tenant experiences domestic and family violence whilst in a tenancy agreement, they can take steps to end a sole tenancy or end their share of a joint tenancy. If they instead choose to stay in the property, they can change locks at the property to ensure their continued safety. We will talk through each of these processes in more detail on the upcoming slides, along with providing details about any costs a tenant may or may not be liable for when ending their share of a tenancy. Under the Domestic and Family Violence Protection Act 2012, domestic violence is described as occurring when one person in an intimate personal, family, or informal carer relationship uses violence or abuse to maintain power and control over the other person. This abuse can include, but is not limited to, physical or sexual abuse, emotional or psychological abuse, or threatening or coercive behavior. For a full definition of what is considered domestic or family violence, please refer to the domestic and family violence prevention act of 2012. Tenants who have experienced domestic and family violence during a tenancy have options. If a tenant feels they can no longer safely occupy their rental premises, and they wish to end their tenancy or their share of a tenancy, they can fill out a notice ending tenancy interest, also known as RTA form 20, and submit it to their property manager or owner. They must also provide relevant evidence to support their circumstances. And this evidence can either be submitted with the form or produced for the property manager or owner to inspect. Examples of evidence are a protection order, a police protection direction, a police protection notice, or a domestic and family violence report signed by an authorized person. This list is not exhaustive, and we encourage anyone needing to submit this form to check the full list on our website. The important thing to note here is that the vacating tenant must provide 7 days notice on the form, and is responsible for rent for those 7 days, but can leave the premises immediately if safety is an issue. If a property manager or owner receives a notice ending tenancy interest from a tenant, there are steps they need to follow once the form has been received. Within 7 days, the tenant who issued the form 20 must be advised if the form is being accepted or if the form is not being accepted, and the matter is being taken to QCAT. It is important to be aware here that a QCAT adjudicator can only determine if the form 20 and supporting evidence meets the legislative requirements. They are not there to examine if the tenant issuing the notice had experienced domestic and family violence or their belief as to whether it is safe for them to remain in the property. In a continuing tenancy, that is where the vacating tenant has a co-tenant or co-tenants, the property manager or owner must advise the vacating tenant when they will notify the other tenants that the vacating tenant's interest in the agreement has ended and notify the remaining tenants using a continuing interest notice. This must be issued between 7 and 14 days after the tenant has vacated. And finally, if a vacating tenant submits a bond refund for persons experiencing domestic and family violence, which is also known as a form 4A, to the RTA to claim their share of the bond, a property manager or owner must respond to any notice of claim agreeing or disputing the bond claim. If a tenant experiencing violence during a tenancy makes the decision to remain in the property, they do have the right to change the locks or access codes at the premises to ensure their safety. Locks can be changed without permission, but will be done so at the tenant's expense and must be done by a qualified tradesperson. In this situation, the tenant must provide copies of keys or access codes to the property manager or owner who must not provide the keys to anyone without the tenant's permission or a reasonable excuse. Depending on the circumstances, a domestic associate can seek an order from QCAT to be named as the tenant or co-tenant on the agreement instead of the person who has committed an act of domestic violence. But they must advise the property manager or owner they are doing so. And the property manager or owner can attend the hearing and be heard at the hearing. We mentioned earlier that if a tenant issues a property manager or owner a form 20 and relevant evidence providing 7 days notice, the property manager or owner has 7 days to notify the tenant if they are accepting the notice or not. If they make no contact with the tenant within 7 days, it is taken that they have accepted the notice. We also noted on the first slide that there are certain costs a vacating tenant may be liable for and others they aren't. Any damage at the property caused in the act of violence is not the responsibility of the vacating tenant. Also, if they vacate, any costs in dealing with goods left behind are not the responsibility of the vacating tenant. And they cannot be liable for re-letting costs if ending an agreement early. If a tenant ends a sole tenancy, they will be responsible for rent for the 7 days of the notice period. But they can leave immediately. They will also be responsible for any costs for cleaning or damage outside of any caused in the act of violence and any other end of tenancy costs. Importantly, a property manager or owner receiving a form 20 is bound by confidentiality requirements. To familiarize yourself with what they are, we recommend accessing the domestic and family violence webpage on the RTA website. As we mentioned at the top of this video, if you find yourself in immediate danger, always call 000 for assistance. For non-emergency support, you can reach out to 1800 Respect, DV Connect, or Lifeline. Thank you for listening to our information regarding domestic and family violence. As mentioned throughout this video, further information about what I have discussed today is available on our website. www.rta.qld.gov.au Our friendly contact center staff can also assist you with your individual tenancy situation or queries. Please reach out to them on 1300 366 311.