 Hi, welcome to today's recording on what we are currently hearing and seeing as potential changes within the rental sector when the market shows that there's a low vacancy rent with high demand. My name is Lynne Smith on the communication and education team at the Residential Tenancies Authority. In this session, we will cover off on what does a rental, tight rental market look like, applying for a rental property and rent bidding, inspecting a property and advisory of some of the department housing's products. We'll also touch on the laws for rent increases and what if a tenant doesn't leave? What's the next step and what are the options? And finally, a reminder on resolving disputes. These are rental property market changes between a fairly stable market to an oversupplied market to a tight rental market. These cycles have been around for a very long time. So depending on whether you are the landlord or the tenant, you will favor different market conditions. There are very, there are many factors that's involved besides the supply and demand and some of the influences could also include, but it's not limited to the type of property that's available, whether it is in a particular suburb or an area that's more affected than others, investors buying or selling their properties and movement of people. And whether that's coming in from interstate or overseas, or in general, it could be tenants staying longer in their rental properties and not moving between properties. So while the RTA does not influence or have control over market conditions, it is evident from the media and what we are hearing and seeing at the moment, there is a tight rental market, meaning there is high demand and limited supply. So when there is an oversupply and a lot of vacancies, tenants will have more choices and rents and lease terms and conditions are usually quite negotiable. But when the market has high demand and supply is limited, it's very competitive amongst prospective tenants to secure a rental property and rents are usually higher due to the demand. From what we are hearing in these situations, there could be a would of 50 applications for one property, which can be great for a landlord to have that choice, but not so good for the 49 plus other tenant applicants who miss out. So there's no crystal ball as to when the current situation will change and we would refer to the market experts and their research. But as always, the RTA encourages owners and managers and tenants to continue to work together and keep those lines of communication always open. The application process for a rental property is not covered by the RTA, but property owners and managers will have their own processes. So however, they will also need to make sure that they're aware of privacy laws as well as the discrimination laws. For tenants, the owners and managers are looking at your ability to afford the rental property and pay the rent on time, as well as your ability to maintain the property, keeping it clean and tidy. So most managers and owners are looking to ensure their applications have been completed with your supporting documentation and references. The RTA has done a webinar in collaboration with REIQ several years ago about applying for a rental property and you can find that on the RTA's website. The RTA recently also wrote an article being aware of scammers in the rental market. Remember, if it's too good to be true, it probably is and you need to exercise caution. And whether a property is advertised through social media or classifieds, tenants are always encouraged to do your research to make sure the property actually exists and it's available. So for comparisons on median rents in areas across Queensland, the RTA does produce median rent data and it's available on our website. So with a tight rental market, it's also timely to remind property managers and owners of the tenancy laws that you cannot charge an application fee or allow rent bidding or rent options. So the property must be advertised with a fixed price as outlined under section 57 of the Residential Tenancies and Room Accommodation Act. However, this does not stop a tenant offering higher or lower rent. So the maximum a tenant can be asked to pay in advance is one month on a fixed term agreement or if it's a periodic agreement, then it's two weeks. In a tight rental market, what we are hearing is that some of the prospective tenants are offering higher rent to secure the property, but they're also offering a significant amount of money in advance. So three or six or 12 months rent in advance is a lump sum. And while some owners may see a significant amount of rent in that lump sum as a bonus, always consider what might be down the track. So what happens if someone does pay that 12 months upfront, but they leave in less than six months? So while this is up to the individual tenant on what they offer, the property owner manager needs to consider what are they actually accepting and whether there needs to be some level of caution. So remember, in a normal market, you're looking a property manager or an owner is looking for a tenant who has the ability to regularly pay their rent on time and when it's due and the ability to maintain the rental property. The RTI recommends tenants always view a property before being committed or applying for a tenancy and whether that's in person by yourself or having a family or friend do it on your behalf or by virtual inspection. So last year, we saw an increase of virtual inspections due to the COVID-19 regulations and this way of doing inspections has continued. So if a tenant is currently residing in a property, then property managers and owners will need to give that tenant an entry notice with a minimum of 24 hours' nose to show a perspective tenant through. So the Act also outlines the rules regarding open house inspections. So whether the property is being sold or being re-rented, the owner or the manager or selling agent needs to make sure that the residing tenant gives permission to conduct that open house and it needs to be in writing. As we continue to progress through the past year of COVID-19 and into the future, health and safety is always a priority. So when you're looking at doing inspections, please be mindful of this and always monitor the Queensland House website for any updates and any requirements. So to assist tenants in the private rental market, the Queensland government has a variety of rental products to help tenants secure or keep their tenancy. So Department of Housing can help tenants who are eligible with bond loans to help them get into the private rental market and also too with rental rents in helping tenants who may need assistance in sustaining their tenancy. So tenants who may need assistance can contact their local rent connect officer at their local housing service across Queensland. So let's have a look at excessive rent increases. So if an owner or manager is intending to do a rent increase, it has to be more than six months since the last increase or the start of the tenancy. And the tenant must be given two months notice of the intended increase for general tenancies. So that's the things like for your houses, your units, your townhouses. And if a tenant receives an increase and they feel it is excessive, they can apply to the tribunal about the rent increase and it must be done within 30 days. And we have information on our website on this process. What a tribunal is going to consider will be comparable rents for similar properties. The proposed increase compared to the current rent, state of repair, the length of tenancy and the period since the last increase and anything else that the tribunal might consider relevant. So our tenancy laws outline how a tenancy can end. And that includes a property manager or an owner giving a notice to leave, a tenant or resident giving their notice of intention to leave. You can have an abandonment. You can have a mortgagee in position. You could have mutual agreement. And mutual agreement is where both parties agree and it's in writing. It could also be death of a sole tenant and also to an order from the tribunal. In some situations, we have heard that while the notice has been served correctly, the tenant does not vacate on the required date. And if this occurs, the property manager or owner can apply directly to the Queensland civil and administrative tribunal. It's an urgent application for a termination order and a warrant of possession. So having those conversations leading up to the vacate date may help resolve some of the issues. And it may be that the tenant just needs an extra few days for removalists to come in and be able to move out or needs assistance with buying money to get to another property. But no one likes to go to court. So we encourage tenants and owners and managers to work together and find some solutions. If you're unable to resolve the situation, either party can also apply to the RTA's pre-dispute resolution service for assistance. The RTA cannot overturn a notice to lead. However, may be able to help with some clarification around timeframes and legislation requirements and negotiations between the parties. So let's look at resolving disputes. Now we have done previous webinars on resolving disputes, but communication is always the key to resolving most of those disputes. So conflict often arises as a result of poor communication or lack of information and knowledge, making assumptions and avoiding the matter altogether. So be clear and respectful and careful with your language. Listen to understand rather than respond. Sometimes for just asking those extra questions, you can uncover any underlying issues. So what we ask is attempting self-resolution means having some of those tough conversations. It's best to start talking early, look at the potential solutions and see if you can negotiate or compromise. So we see resolving disputes as a three-step process. As I said before, the self-resolution is the first step. Understanding your rights responsibilities outlined under the tenancy laws. Communicate and communicate often. Look whether you can negotiate. In some cases, you might have to compromise to get the matter resolved. Any agreement or outcome, make sure you document it and put it in writing and have everyone agree. And in some cases, there may be a follow-up action. And if all fails, you can access the RTA's free dispute resolution service. It's a confidential process. Consiliators are impartial. They're not there to take sides, nor are they there to make decisions on your behalf. It is a voluntary process so we cannot force you to participate, but we are going to highly encourage it. And the RTA resolved approximately 73% of disputes last financial year where parties participated in the process. And majority of the time, what we are doing in our dispute process is conducting a telephone conference. So it's where we have the conciliator on the phone with the tenant as well as the agent or the owner. If the issue is still not resolved, then it can be referred to QCAT for an adjudication. And this is where our decision is made by the adjudicator. Unlike the previous two steps of self-resolution or dispute resolution, where you actually have the opportunity to have a say in the outcome. When you go to QCAT, the decision is out of your hands. It's based on the evidence you present on the day and the decisions made by the adjudicator. So timeframes do vary across the state. So it's best to check in with QCAT in relation to urgent and non-urgent timeframes. Okay, so you can subscribe to LinkedIn and the RTA news for regular updates on current topics for the Queensland rental sector. So if you're currently subscribed on our news, you may have also been asked to confirm your subscription or resubscribe. So this is just to ensure the RTA is compliant with like anti-spam and other legislation ensuring that we also do have your consent. So I encourage you to confirm your subscription so that you can continue to receive those news emails. So sign up for webinars. We have past recordings available on our website and these are fantastic training tools or getting to know the legislation. So we will be continuing more webinars, including live ones. And we again, welcome you to sign up through our news subscription so that you can receive invitations to the webinars. And we have also produced podcast series called Talking Tennisies. And you can access a variety of podcasts on different topics through the RTA's website all through your preferred podcast app. So your Spotify, Apple or Google. So our website has a lot of information available. You know, we have resources, we have publications, we have forms and back sheets and educational resources, all available on the RTA's website at rta.qld.gov.au. So remember, you can access our website and also our RTA web services for all matters bonds 24 hours a day, seven days a week. Or you can phone our friendly contact set of staff on 1300 300 6301 available Monday to Friday, 830 a.m. to 5 p.m. Thanks for your time today.