Privacy protections
The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 received Assent on 6 June 2024. Changes to the law will come into effect in stages. The 'privacy protections' reforms will commence on a date to be fixed by Proclamation to give the sector time to prepare for implementation.
Read more about changes to Queensland’s rental laws.
Extending entry notice periods
Renters have a right to quiet enjoyment of their rental property, and rental property owners have a right to enter the property for approved reasons if they comply with the rules of entry, including giving renters the required notice.
Under the current rental laws, rental property owners and property managers are required to give 24 hours’ notice for entries other than for general inspections, to meet safety requirements or in an emergency.
When the reforms commence, the notice period will increase from 24 to 48 hours, except for entry to rooming accommodation for cleaning, which will remain 24 hours.
This reform will protect renters’ privacy and give them more time to make arrangements if they want or need to be present when the entry occurs.
The reform strikes an appropriate balance between a renter’s privacy and a property owner’s or manager’s need to access the property to manage the investment. It will commence on a date to be fixed by Proclamation.
Limiting entry at the end of a tenancy
Rental property owners and property managers can enter rental properties at the end of a tenancy to show the property to prospective renters or buyers and allow tradespeople to complete maintenance and repairs needed at the rental property. However, excessive entries can interfere with the existing renter’s right to quiet enjoyment.
When the reforms commence, rental property owners and managers will be limited to no more than 2 entries every 7 days after a notice to end the tenancy has been given by either the renter or owner.
This limit will apply unless entry is required to meet safety obligations, for emergencies, or a renter agrees to more frequent entry.
This reform will minimise disruptions for vacating renters, while ensuring rental property owners and managers have necessary access to the property when the tenancy is ending. It will commence on a date to be fixed by Proclamation.
Applying for a rental
Current rental laws do not regulate what information can be requested from renters when they apply for a rental property.
When the reforms commence, rental property owners and property managers will be required to use an approved rental application form that will standardise the information that can be collected from prospective renters. This includes the renter’s:
- name and contact details
- previous tenancies
- current employment
- income
- referees
- intended tenancy term.
Rental property owners and property managers will be able to request up to only 2 supporting documents from each of these categories:
- identity
- financial ability to pay rent
- suitability for the tenancy.
It will also be an offence for rental property owners and property managers to request certain information, including legal action taken by prospective renters and their rental bond history. Applicants must be given at least 2 ways of submitting their form.
These reforms will protect rental applicants’ privacy by standardising the personal information they can be asked to provide when applying to rent a home and drive consistency and fairness in the rental application process.
This reform will commence on a date to be fixed by Proclamation.
Protecting identity documents
The RTRA Act does not regulate how property owners or managers must handle rental applicants’ personal information
When the reforms commence, renters will have more control over how their personal information is managed, including by:
- allowing renters to provide their identity documents for sighting
- providing that rental property owners and managers must not keep copies unless the renter consents.
This reform will protect renters’ privacy and reduce the risk of identity theft in the event of a data breach. It will commence on a date to be fixed by Proclamation.
Secure storage and disposal of renters’ personal information
Renters expect rental property owners and managers to collect, handle, store and dispose of their personal information appropriately.
When the reforms commence, rental property owners and managers will be allowed to collect or access personal information about renters (including photographs of personal belongings) only to:
- assess their suitability for the property during the rental application process
- manage the property once a tenancy has commenced.
They will be required to securely store and destroy the information in a secure way within:
- 3 months for unsuccessful rental applicants, unless the applicant agrees to a longer period
- 7 years after the end of a tenancy agreement.
This reform will commence on a date to be fixed by Proclamation.