After a natural disaster, Property Managers or Owners and Tenants should talk to each other as soon as possible to discuss the state of the rental property and determine if any action needs to be taken.
If repairs are required, it is usually the Property Manager or Owner’s responsibility to organise and pay for repairs. They should negotiate with the Tenant to find a suitable time for the repairs to be done.
If the property has been affected and it is agreed the Tenant can continue to live there, in some cases the Tenant and Manager or Owner may choose to negotiate a rent reduction.
If the property is considered unlivable and the Tenant has to live elsewhere for a short period while the property is being fixed, the Property Owner or Manager and Tenant can negotiate amendments to their agreement regarding rent payments for that period.
The Property Owner or Manager is not allowed to evict the Tenant in favour of another Tenant who will pay higher rent. Heavy penalties apply.
If the property becomes unsafe to live in, either the Tenant or the Property Manager or Owner has to officially end the Tenancy Agreement by issuing the relevant form.
If the Property Manager or Owner asks the Tenant to leave but the Tenant wants to stay, the Tenant can dispute the request to leave.
If the property is deemed unlivable and the Tenant refuses to leave the Lessor can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order due to failure to leave.
In all the above cases, if direct negotiations between the Property Manager or Owner and Tenant are not successful, the RTA offers practical solutions for self-resolution plus a free dispute resolution service.
If cases still cannot be resolved, matters can be decided by QCAT.
Fast facts
- Following a natural disaster, the rental market can become competitive but the rent cannot be increased outside of the normal rules for rent increases.
- A Tenant/Resident cannot be evicted for one who will pay a higher rent outside of the normal rules for ending a tenancy.
- The Property Manager/Owner or Provider is responsible for maintaining the property in good repair, but will need to comply with entry notice requirements when repairs are being done.
- Bond processing with the RTA could be affected if postal services in Brisbane or in the affected area are disrupted.
Source: QLD RTA Website 22 February 2016
