Lessors will be prevented from terminating a tenancy without grounds and required to rely on an expanded suite of specific stated grounds in the legislation to end the tenancy. This change will provide greater transparency and accountability about lessor-initiated tenancy terminations and support tenants to enforce their rights without fear of retaliatory action.
The additional grounds to end a tenancy available to Lessors will be:
- a fixed-term tenancy agreement is due to expire
- the property is to be vacated so that redevelopment (such as conversion from a house into flats) or demolition of the property can be undertaken
- the property is to be vacated to allow significant repair or renovation works to be undertaken
- the property is subject to a change of use (such as changing from long-term accommodation to short-stay accommodation or holiday lettings)
- the owner or their immediate family needs to move into the rental property
- the rental property has been sold and vacant possession is required
- the property is to be vacated so that the lessor can prepare the property for sale
In each case, the lessor will be required to give the tenant two months’ notice. However, a fixed term tenancy could not end before the contracted end date unless the tenant agreed. The lessor must provide information to accompany the approved form where required, with a penalty provision attached to prevent misrepresentation or misuse.
Tenants will continue to be able to end a tenancy without grounds if the required notice period (two weeks) is observed, and will also have access to a wider range of specific grounds to end the tenancy, varied notice period requirements targeted to the new grounds of:
- the rental property is not in good repair, or does not comply with Minimum Housing Standards
- the lessor has not complied with a repair order of QCAT within the specified time (fourteen -day notice period)
- a co-tenant dies (providing for the tenant to vacate two weeks after the remaining co-tenants give written notice of the end of the tenancy agreement due to the tenant’s death).