 Good morning everybody. Hello and welcome to the RTA's webinar on domestic and family balance provisions in Queensland's tenancy laws. My name is Lynn Smith. I'm from the Communication and Education team and with me today is my colleague, Lauren Thompson. Be here. All right, thanks Lauren. Before we start, we'd like to acknowledge the traditional owners on the land on which this webinar is being hosted today and also where you're joining us from and pay our respects to elders past, present and emerging. Domestic and family violence is a sensitive issue and it can impact couples or families. The RTA is committed to and continually improving the education and awareness of these provisions in the tenancy laws and making sure that the Queensland rental sector is informed. Today we wanna make sure everybody is on the same page so to speak and we wanna provide you with a scenario. Talk through the considerations from all sides of the situation and advise you where you can get more resources and if you have any questions, we'll address them at the end. Please note we cannot provide you with legal advice and you are encouraged to seek your own independent advice to make informed decisions. As usual, our session is interactive so we do wanna hear from you. If you do have any questions or comments please pop them in the little chat function. That's what you see on your screen and your toolbar and at the end of the presentation we'll have a quick one minute survey for you to complete. This is a great opportunity for you to provide us with feedback and more importantly to what tenancy topics you would like to know more about. We will also be running some polls during the session which I'll get Lauren to launch one now. So we know who's in our audience. We're asking two questions. What part of the sector do you belong to and also where are you located today? So again, two part question whether you're a property manager or owner or tenant or community housing provider and also to what area that you're actually joining us from. So far it looks like most people seem to be in South East Queensland today so we're obviously still getting a little bit of wet feet from all the rain that we've experienced this week and also to just like to acknowledge that our promotion on today's topic was also shared amongst a lot of different organisations today. So if you are joining us for the first time we do welcome you. Okay, Lauren I might get you to share that poll. So it does look like the majority of people attending today are property managers or agents and we also do have some community housing or support workers. And again, welcome to the people in North Queensland who have also joined us as well as our Southeast Queensland reps. So I'll just stop sharing that. Thanks everybody. Okay, so the Queensland government passed the Housing Legislation Amendment Act 2021 and that commenced as of 20 October last year and this changes the provisions under the Residential Tenses and Rumi Accommodation Act. It is a staged approach. So the DFB provisions did start straight away and you could say that they're very similar to the previous COVID-19 emergency response regulations. The other areas of the changes were around the framework to negotiate renting with pets, ending over tenancy provisions and also to a few other legislation tweaks including repair orders. These will all start on 1 October 2022. The other major area relates to minimum housing standards and again, you'll see the dates on your screen. These are not going to start until next year. Over the next few months there will be a lot of education being delivered by the RTA on the new laws and we'll also include the new regulations once they're released. So please watch this space. We hope to see you online for a session or maybe even at a face-to-face event. So today's focus is on the DFB provisions only. So I'm just going to summarize these and remember they do apply for general tenancies as well as the Rumi Accommodation. So tenants experiencing domestic and family violence can end their interest in the tenancy. They do need to give seven days notice and they do also need to pay for the rent for that seven-day period. They can request their bond contribution to be refunded if they have paid bond money and they're not liable for any re-letting costs or any damage that's caused by the domestic and family violence. If they do decide to stay in the rental property they can change the locks without the owner's consent to ensure that they have safety and I will actually step through that side of things shortly as well. Please note though with Rumi Accommodation the changing of locks does not apply. So it does not matter if the co-tenant is the person committing the domestic and family violence or whether it is someone who may not reside at the property. If the tenant needs to end their interest in the tenancy due to domestic and family violence they can do so and both the tenant and the manager owner will need to follow the process. So the practical steps for the vacating tenant to start the process is first of all to issue a notice of ending tenancy interest or a netty form 20 to their property manager or their landlord. They will also need to provide or show relevant evidence and that could include a protection order, a police notice or a completed domestic and family violence report. Now the DfE report is available on the RTA's website and can be completed by various health practitioners and support professionals as well as like a refuge or crisis worker, a solicitor or even a social worker. The notice needs to be in writing but there's also an option there for the evidence. So that can be in writing as well or the documentation may be just shown to the manager or the owner. So upon receiving the notice the property manager or the landlord needs to assess if they do not agree there is a step that they must follow and that involves applying to QCAT within seven days to have the notice set aside and they also need to inform the vacating tenant that they don't accept it and that is their intention to apply. An owner or manager can only assess the information being provided to make sure that it meets the requirements as set out on the legislation. They're not judging whether the DfE has occurred or not. Remember if there's a gap in the evidence provided they could be looking for more information as what's outlined under the act. If the DfE tenant who is vacating has claimed their portion of the bond then the property manager or the owner can also respond to a notice of claim and dispute the refund if they do not agree. So the normal bond process, so you're gonna get a notice of claim that timeframe applies and if the manager or the owner disputes it it's gonna go through the RTA's dispute resolution service first. So if there are any remaining tenants the next step is for the property manager or the owner to issue what we call continuing interest notice and that needs to be issued to them between seven to 14 days after the person experiencing the domestic and family violence interest in the tenancy has ended. So there is a strict timeline for this process that must be followed. So as a property manager or owner you can ask the remaining tenants to top up the rental bond balance and they'll have a month to do that. The new DfE sections do have penalty provisions attached so this is really important particularly for the non-compliance of confidentiality in this situation. So again looking at the owners, the managers out there and also their employees. So just quickly to help understand that process this diagram explains each step on when the process starts and that seven days notice and the rent cover for that seven day period is paid. So that next step is that decision whether that notice is gonna be accepted or rejected and again if it's accepted then the vacating tenant needs to be informed of the date that the owner or the manager is gonna be implementing the remaining tenants. So remember this cannot occur until it's day seven to 14 after the tenancy interest notice has expired. Can also just say here too because we do have a lot of property managers in today's session too that it would be probably a best practice to make sure that you are confirming the vacating tenant has safely left the property and just documenting that also too when you're informing them of the date that you've chosen to issue the notice of to the remaining tenants. And that is that 10 that seven to 14 days after the expiry of that netty notice. So just clarifying some further information on the domestic and family violence situation. So any bond co-contributors are not issued a notice of claim. So if there's been a claim on the bond it's only the property manager or the owner that is issued that notice of claim to respond to. So it's really important that the tenant vacating uses that form for A, the boundary fund not the standard form for so that we can actually follow that process. The vacating tenant can be held for other breaches if money is owed. So if there's rent or a water bill that's outstanding they can also be liable for that. It's very clear they're not liable for damages caused by the domestic family violence. They're also not responsible for like a lease break re-letting fees or costs. With regards to QCAT and the bond processes. So you can potentially have two processes running at the same time. So if the manager or the owner has applied to QCAT to have the notice set aside well that's an urgent application with QCAT. And also if there is a dispute on the boundary fund well that's a non-urgent matter. So if it's not resolved through the RTA's dispute resolution process and it proceeds to QCAT it's a non-urgent matter. So keep in mind too if the RTA does receive an order from QCAT and it says that the interest in the tendency is to continue then the vacating tenant is not eligible for the claim on the bond and will act accordingly. So over to you Lauren. I might just get you to come in and just talk through the scenario that we're going to be using today. Yeah thanks Lynn. So we've got Vicki and Joe. Vicki and Joe are co-tenants in a rental property which is managed by Sarah. Vicki is experiencing domestic and family violence from another person who does not live at the rental property. She wants to end her interest in the tenancy. So Lynn can you step us through each of these? What is Vicki responsible for? What is she not responsible for? And what about Joe? What might be some of his concerns and options he has especially if he's not aware of Vicki's situation? And lastly are there any points for Sarah? Keep in mind though we do know that each situation should be treated on a case by case basis and you aren't giving us legal advice. Thanks Lauren. Okay let's look at Vicki first. So Vicki needs to submit that notice and her evidence to Sarah to start the process. So that has to happen first. Remember Vicki does need to pay that seven-day rent to cover the notice period. But also to Vicki's not liable for the costs relating to ending the tenancy, any relating costs. She's also not responsible for any goods left at the property and any damage caused by the domestic and family violence. Now I know that probably there are questions already as well as what we have heard. We are hearing like who will pay for the domestic and family violence damage? And can I just say there are a variety of options here. So remember too that Joe is a co-tenant. So as co-tenants they're jointly serrably reliable in the tenancy under the tenancy laws. So it states that the tenant is to return the property in the same condition it was in at the start as fair wearing tip. If it is damage that's not caused by the domestic and family violence then both Vicki and Joe can be liable. But if Joe is held liable also someone else has caused damage to Joe's possessions. He could pursue the person who did the damage compensation by a civil court. Or potentially what we also see maybe the outcome is that the owner of the rental property claims damages by their landlord's insurance. The police could also be notified and the person who calls the damage may be charged with local damage and the owner may seek compensation from there. So as you can see, it may not necessarily be a straight out answer and it does need to be dealt with on a case-by-case basis. Remember the two that there may not be property damage and also that remember that the laws are put in place to allow the person experiencing domestic and family violence to leave quickly and safely. But let's have a look now to also what Vicki is responsible for. So she's still responsible for any damage that's as a set outside that domestic and family violence. And also if there's any outstanding water bills or if there's rent arrears, then Vicki will need to pay for that. As Vicki is a bond contributor, again submitting that form for A to the RTA to have her portion of the bond refunded. And also to help determine what is or what is not damaged, Vicki could write a letter to the agent outlining what she knows about the property condition. We do know that there are tens of advocacy groups that maybe assist with like a template letter or something like that. But remember any steps that Sarah may take must not occur until after Vicki has safely left the property. So now let's have a look at Joe who is Vicki's co-tenant flatmate. In this situation, let's say Joe's not aware of Vicki's personal situation, but no says Vicki's moved out, taken her possessions. In this scenario, we're saying that Joe is not the person committing DFA. However, remember this is our account scenario in other situations, he may be. So once she knows the situation and ensures Vicki has safely left, she needs to issue Joe with a continuing interest notice. And remember this is not done until day seven to 14 after the expiry of Vicki's seven days notice. Sarah has requested also that Joe needs to top up the bond. So as I said, Joe's the co-tenant, jointly responsible for the tensi, so that means he's responsible for paying the full rent, paying any bills, not the water bills or anything, damages, cleaning as per his tenancy agreement. But Joe's concerns could be, he's aware of the situation now, can he afford the full rent? Can he get a replacement tenant to help him with the rent? If he is struggling with the rent, could he talk to Sarah about a payment plan until he sorts a few things out? If he wants to move out, will Sarah agree to a mutual agreement to end the tenancy without penalties? Or if it's been treated as a lease break, how long would it take to find a replacement tenant? And also he needs to know what will the costs be involved. Joe could also apply to QCAT on the grounds of hardship, particularly financial hardship, to have that tenancy ended as well if he couldn't continue to stay. So Joe does have a few options to consider and I guess the big question is whether he is staying or going, and this may depend on whether he can afford the place, get someone else in to share the property with him. Again, we're talking about a case-by-case scenario, but this may also help understand what might be happening for Joe. So let's have a look now for the owner or the property manager's side of things. So Sarah is the property manager in our scenario. She's received Vicky's notice and has assessed it appropriately and does not reject it. She also confirms that Vicky has safely left the property and noticed that she's paid that seven days range as well. For best practice, she documents her conversation with Vicky that she has left the property on ex-state. But what does Sarah need to be aware of? She needs to make sure that she's following those strict time frames that's put in the legislation. And Sarah also will need to respond to the notice of claim on the bond flame within the required time frame as well. Sarah should also be aware that, look, a lot of the DFE cases have a level of complexities involved. So whether that's physical or mental health issues, serious safety concerns, there may also be children involved. And so probably in the back of Sarah's mind should be considering what would happen if this is your sister, your friend, or even a relative. Be aware of Joe's options and whether he can or cannot state the property. Is it in his best interest to be leaving? Can he get a replacement flatmate? What are Joe's options? And just keep that in the back of your mind as well. Maintain the confidentiality and make sure that you are speaking with the owner of the property about the options for any of the DFE damages. It's probably a good idea to do an inspection. Communicate with Joe. Maybe you need to reach a mutual agreement to inspect the property, particularly if it's less than three months since the last inspection. Because remember, there are rules about inspections of the property. It is in everyone's best interest to determine what, if there is damage, what is DFE damage versus what is the normal damage. So remember, case-by-case, this is not legal advice, but we're just outlining some options for everyone to consider in this situation. So the DFE forms are all available on the RTA's website and we do recommend that you familiarise yourself with these. I'll just get lined to put in a link to on our chat there where you can access these forms on our website. But let's have just a quick look at a different scenario here. What happens if the tenant experience in domestic value balance is actually going to stay in the rental property? So they can change the locks without the owner's permission and that is to ensure their personal safety. They will need to use a qualified locksmith or a tradie and they will also need to pay for those locks. And when it's practical to do so, they do need to provide a copy of the new keys to the owner or the manager. So with this, I just wanna quickly flag with you one of the new sections. And this is in relation to that if the tenants do change the locks because of domestic and family violence and they do give a key to an owner or a manager, then under the new section 2114, the owner must not give a key for a changed lock to any person other than the tenant without the tenant's agreement or a reasonable excuse. And this one does come with penalty provisions as well. So for property managers, this may be something that you might need to be looking at flagging in your property management systems if there has been a change of keys. For residents in room accommodation, this is different. For residents, if they choose to remain, they can ask the provider or the manager to change the lock to secure their room. So we recently released a four new domestic and family violence flow chart resources. They are both covering general tendencies, so your houses and your units, as well as for roomy accommodations. So your boarding houses and your purpose-built accommodation. These are a great resource for property managers and also to assist tenants to understand the process as such and what steps need to be taken. Delana, I might just get you to put a link in there. Oh, you already have, fantastic. For the flow charts and make sure that, look, they are a great resource to make sure that you do have. So just a reminder too, if there's any further questions, please put them in the chat. So to help everyone in the rental sector, there's a lot of resources on this topic. Lauren, I'll get you to launch our last poll before we do head into the questions. If that's okay, we've got one more poll to ask. And this one is based on the information you've received today. Do you have a better understanding of the domestic and family violence provisions of the rental properties? Perfect. So while that's going, I might run through some of the items we've got on the screen there. As Lynn mentioned, we do have a lot of resources available for domestic and family violence provisions. I find it easiest just to go on our website, type in domestic into the search bar and then the first hit there will take you to the right page. But I have throughout this session put in some links in the chat. So please go to the relevant pages there if you want to as well. We also do have some resources available on the podcast and also webinars that we've done previously have covered domestic and family violence too. So I'm just looking at our results, which I'll share and a fair few people there are comfortable with their knowledge level. If you aren't though, as I said, we do have some of those additional resources that you might like to view and go to as well. So I'll just get Lynn to tab over to our next slide for me. And the first point they are does cover our e-newsletter. You've probably already signed up and that's how you found out about today's webinar. But if maybe some of your colleagues or your friends haven't signed up, please get them too so they can come to these webinars and they can learn just like you are. And so Lynn, what questions have come in? What answers do you have for us? Thanks, Lynn. Got quite a few questions coming in. So we'll just see. We've got some time. So we should be right. Okay. So we do have a question in relation to, with the Bondary Fund, what if they have rent outstanding for water? And a valid question. Thanks, Colleen. If there is money that's outstanding, as I said before. So if there is a claim on portion of the bond and there's money that's outstanding, then you can dispute that. So again, we're not saying that if there's a rent arrears or water bills outstanding, that the tenant mechanic is not held liable for them. They can be held liable so that you could turn around and do a claim on the portion of the bond or respond to the claim for that portion and be saying that there is water bills outstanding and it will most likely go through, obviously, dispute resolution if it can't be resolved through self-resolution. Another question here is, can a property manager ask the, we tried to avoid the word perpetrator, but the person committing the domestic family violence to pay for damaging the property as a tenant who expenses DV is not liable for damages. What is the procedure? And this is where I went back through those options originally in the presentation where we looked at is that potentially the person who has caused the damage could be, you know, you go to the police and charge that, have the police charge a person with local damage. Again, it could be, it really does need to be done on a case-by-case basis but if there is damage and you know the person has definitely caused damage, it really comes down to what sort of situation the tense is also set up. So again, we went through a few of those sort of scenarios but you can look at pursuing potentially the person who has actually caused that damage and that's not a problem. The other thing too, the owner could look at pursuing that through his or her landlord insurance and then that will be then up to obviously the insurance company to do any further action if they wish to pursue anything further. Does Vicki need to provide proof that she's paid that seven days? Look, she may look to provide you with that evidence that she has actually paid that rent. And again, it's probably more about the fact that when she's given that notice, she's covering for, yeah, to cover that notice period as well. If the rent is actually paid, it's more about that here's the notice and here's my seven days rent to cover for the time that I've actually given that notice period. I know that you've sent through quite a few flowcharts there as well, line, which is great. So again, any other questions, please do pop them in. It is really challenging on the domestic family to ask the damage side of it. And as I said, we cannot stress enough that it does need to be dealt with on an individual basis. And I think one of the best practice things that we could also probably recommend is that to determine what is potentially maybe damage, that's normal damage versus what might be DFB damage. And that's where it's that really good communication. Again, making sure that you follow the steps that's outlined in the legislation when you can actually issuing the continuing interest notice to the remaining tenants and having a conversation with them about going in and actually inspecting the property to determine what might be damage, what isn't, and just having like a baseline then to moving forward. Again, to looking at our scenario, if Joe being in the property that's left behind, whether or not he's staying or whether he's going. And we don't say that the legislation is still there about the tenant return the property in the same condition as fair wear and tear. But again, you need to look at each case. Joe Vicky in the scenario that we talked about may not necessarily have a flatmate or co-tenant. So it might be that Vicky might be the sole tenant and he's vacating. So again, the same sort of rules still do apply that Vicky is also covering that rent period and giving that extra notice. So yeah, so there's a few things to cover. I know that Shani is actually, well, what happens if Joe is abusing Vicky? Does he just stay in the property? And this comes down to the contractual arrangement that's in place in that tenancy. So hypothetically here, if Joe is the person committing the domestic and family violence and his name is also on that tenancy, then Joe still can potentially look at staying in the property. He still actually has those tenancy requirements as well. Obviously if he's a co-tenant, he's responsible for the rent. He's also responsible for the tenancy terms as well, all the requirements under the legislation. So Lauren, I think we're just about out of time. I don't see any other questions coming in. So we might just go to our last slide. Sorry, forgot to do the question slide. So our website's pretty easy to navigate and has a lot of information. And as Lauren said, if you do a search function on our website on domestic, there's a lot of information that does come up. So, and also to our contact center, our 1300-366-311 number, we're available for any of those one-on-one conversations and assistance that you may need. So thanks, Lauren, for your assistance today. And also too, thank you for attending, everyone. Our webinar will now end. And we look forward to you joining us on our upcoming sessions. Thank you.