For simplicity's sake, the main changes that you as a landlord should understand are summarised below.
New section 221 is an Application for repair order for residential tenancy agreements. New subsection 221(1) provides that the tenant, or a representative entity, may apply to the tribunal for a repair order if the premises or inclusions need repair and:
• for routine repairs, the tenant has informed the lessor or agent of the need for repairs (in line with requirements under section 217, and the repair was not done within a reasonable time after the lessor or agent was informed of the need for repair by the tenant.
• for emergency repairs, the tenant has been unable to notify the lessor or nominated repairer of the need for the repair or the repair was not made within a reasonable time after the tenant had given notice to the lessor or nominated repairer of the need for repair.
A tenant, or a representative entity, is now able to apply to the tribunal for maintenance. The tenant can have a tenant advocacy body such as the government funded QSTARS or Tenants Qld represent them and make the application. However, subsection 221(2) provides that the representative entity cannot make an application for a repair order unless the tenant agrees to the application or the orders being sought.
Under subsection 221A(3) a tribunal is able to make any order about repairs that it deems appropriate. It also states that if the property is vacant the tribunal can order the property not be occupied under a lease agreement until the repairs have been carried out. Current subsection 415(5) is amended to include new grounds for urgent applications which includes section 221 (Application for repair order) if the application is about emergency repairs.
Section 221C goes on to say that when an order is made, the person responsible must comply with the instructions, otherwise, they can be liable for up to a maximum of 50 penalty units (max presently $6,892.50). At the time of writing a penalty unit in Qld is $137.85 (current at June 7 2022). A continuing offence may attract a weekly maximum penalty of 5 penalty units or currently $689.25.
Under new section 307D, a tenant can now give notice of intention to leave a property if a repair order has been issued and the due date has expired without any reason and without repairs having been completed. A notice of intention to leave under this section is called a notice of intention to leave because of failure to comply with repair order. The notice period is 14 days.