 Good morning everybody and thanks very much for joining us today. My name is Mark Fiddler. I'm a senior community education officer with the RTA and I'm joined today by Lynn Smith from the RTA. Morning, Lynn. Good morning, Mark. Thanks for having me again today. No worries at all. So thanks everyone for attending today for our third webinar in our HLA series. Before we do start, I would like to acknowledge the traditional owners of the land on which we are meeting today and also where you are joining us from and pay my respects to elders past, present and emerging. So today's session is focusing on the rental reforms and the topics around repair order processes and other amendments. These new changes will come into effect on the 1st of October 2022 and we'll also touch briefly on the minimum housing standards that are going to kick in around in September 2023 but Lynn will speak to you a little bit more about that shortly. So today we will have a question and answer session before we finish up. We'd love to receive your questions. What we'd like you to do is click on the chat function or speech bubble on your Zoom toolbar. If you can't see it, click on the more and look for chat in there. We'd also like to hear from you on how today's session went as well as any future topics you'd like to know more about. So please keep your eye out for a survey sorry when the webinar closes today. I'll now hand over to Lynn to talk through the rental reforms and the tenancy changes regarding repair orders and other amendments. Over to you Lynn. Great thanks Mark and you'll be back to assist with some question and answer time at the end. So please everybody please do use that chat function. We are today just focusing also just on the topics that we are doing today. So the role of the RTA as an independent statutory authority is to administer the tenancy laws for Queensland. The Housing Legislation Amendment Act 2021 was passed in October last year and it amends the residential tenancies and roomy accommodation Act 2008 which is the Queensland Tenancy Laws. There are four key areas in these amendments domestic and family violence protections which were already in place as of October 2021. Then we have the new laws as of one October which is the framework for negotiating renting with a pet changes to the reasons for ending a tenancy and also to other the repair orders and other amendments and as of one September next year the minimum housing standards will start. So as you can see the image on the slide on the slide there's different stages from the consultation through to the Act being passed. So today we are going to be focusing on repair orders and also some other amendments. So before I do look at the new changes I just want to remind everyone of the process regarding the rights responsibilities under the tenancy laws are still in place. So the less all obligations under section 185 and that is to ensure the premises are clean, fit for the tent to live in, not in breach of any health and safety laws and while the tenancy continues that the owner will carry out those repairs and maintenance. Also too the tenant has that responsibility to notify the owner or the manager of any damage or repairs and that's outlined under section 217. So there is a difference between emergency repairs and routine repairs. So emergency repairs are listed in the legislation and while the list is fairly extensive it does list items such as like a burst hot water system or it could be a burst pipe causing flooding, it could be a serious roof leak, a gas leak or dangerous electrical fault or could be from storm damage. So when you look at the list it is a fault or damage that makes the property unsafe, insecure or is likely to injure a person. So with routine repairs there are things such as like you drippy taps, your stove element may not work or it could be a loose covered hinge or a broken clothesline. So access will need to be given by the tenant to carry out the repairs and the owners and managers need to follow the rules for entry and make sure that notice is given for when a tradesperson is to gain entry. So we also too acknowledge that at times it can be difficult to get a tradesperson on short notice or it could take time and currently we know that this may be the case in some of the trades out there or that there may be delays in getting parts. So respect and good communication is key so keep those lines of communication open so everyone's aware of what is happening and why. So from 1 October 2022 the new repair orders allow an additional pathway for tenants to have repairs carried out. They will be able to apply to the Tribunal if the repairs have not been done and the Tribunal is the Queensland Civil and Administrative Tribunal or QCAP. This will be for routine repairs and emergency repairs. So for routine repairs the repair order is that the process first is that the tenant will have to inform the owner or the agent first of the repair. That could be by way of an email maintenance request or breach notice and the repair if the repair wasn't made in a reasonable time. It is a non-urgent application so they need to go through dispute resolution at the RTA before applying to the Tribunal. Now for emergency repairs this is where the repair is urgent as defined under the Act. Tenants have not been able to make contact with the emergency contact person or the nominated repairer in the agreement. On the repair is not done in a reasonable time. A tenant can then apply directly to the Tribunal for an emergency repair order. That's an urgent application so they do go directly to QCAT and not through the RTA's dispute resolution process first. So repair order is looking to ensure that the owner or the manager will carry out the repairs in a timely manner. So it does not apply to movable dwelling short tenancies nor does it apply to roomy accommodation agreements. So we are just focusing on your general tenancies such as your houses, units, your townhouses and also to your long-term movable dwelling tenancies. So a copy of the repair order will be provided to the RTA from QCAT to our compliance and enforcement team. It is an offence to contravene a repair order and it is a maximum of 50 penalty units and also a weekly offence. If it continues of five penalty units for each week the offence continues and it's not repaired. So an owner can seek an extension of time to comply with a repair order but they need to be doing that prior to the expiry date of that repair order. So reasons may be because of hardship. It could be that there's a shortage of material to make those repairs, remoteness of the rental property or can't find someone qualified to do the repair. So there is information on the Tribunal's website all about the application, fees and everything. So that's QCAT's website qcat.qld.gov.au. So to keep in mind going off to QCAT is self-representation and whether you're applying for a repair order or seeking an extension of time or applying for any other tenancy or bond matter you will need to check your application and any other information that supports your claim and on the day of the hearing make sure that you do have your paperwork and evidence ready for your case. So it is important tonight here to that a repair order when granted is attached to the rental property and not the tenancy. So if there is a new tenant or a new managing agent or a change of ownership the repair order continues until it is complied with. There is a requirement to disclose a repair order to new tenants and I will talk about that shortly. So just to summarise the difference between a routine and emergency repair process. So your routine repairs are non-urgent matters so they must go through the RTA's dispute resolution service first. With the emergency repairs if a tenant's unable to contact the owner or the manager or the nominated repairer that's listed on the agreement or they don't carry out the repair and seek reimbursement they can reply to the tribunal directly. So the legislation does outline the rights and responsibilities for both tenant and the property manager and the owner in relation to the repairs and maintenance. So even application is made to the tribunal they may grant an order and it's in the legislation that it does state that the tribunal must consider the conduct of the owner or the agent, the risk of injury, the loss of amenity and any other matter that the tribunal considers relevant. So in granting an order the tribunal may make a direction about the repairs so it could be that if the property is vacant they may make an order that the property is not to be occupied until the repairs are completed. Repair order may also include what is or what's not to be repaired and by what date. A tenant could also arrange a suitable tradesperson to do the repair or who is to pay for that repair. It could also be a reduction in rent or a compensation amount to be paid. It could also be a suitable qualified tradesperson assesses the need for the repairs or it could be that the agreement ends if the repairs are not done by a certain date. Remember good communication is the key to resolving most tendency disputes and we do encourage all parties in the tenancy whether you're the owner, manager or tenant, talk with each other respectfully, look to work together to find those solutions. The RTI has a lot of resources available on our website about self-resolution tips and also resolving disputes so that includes like a webinar, podcast and other information about how to apply to the RTI's free dispute resolution service. So now let's have a look at the other amendments that are also coming into play. So today we are not focusing on the ending of a tenancy or the framework for negotiating renting with pets and you can find our previous webinar recordings on our website on those specific topics as well as other guides and fact sheets and videos. Okay so the other amendments and we'll just continue a little bit here with the focus on repairs. So for general tenancies an increase from two weeks to four weeks for the cost of emergency repairs. So our current legislation states that the tenant can organise an emergency repair and spend up to equivalent of two weeks rent and have this done and seek reimbursement. As of 1 October 2022 this will change from two weeks to be four weeks equivalent. There is a new section 219A for those who are real estate agents or property managers in the room today or in our online session I should say that the Lessels agent may arrange for emergency repairs to be made. Meaning that managers will be able to authorise emergency repairs on behalf of a landlord-client up to the equivalent of the four weeks rent and make deductions from the rent payments up to the cost of the repair before disbursement of funds. Now we do know for property managers you do need to keep in mind whether you need to amend any contractual agreements that are in place between your office and your landlord clients to meet these requirements as you will need to comply with obviously other legislation requirements. So that could be the Property Occupation Act and as that's not covered by the RTA that's the Office of Fair Trading so you may need to be looking at your forms in relation to that contractual arrangement that is in place between your office and your landlord client. So section 216 has been slightly changed and it now states that the agreement or notice must not may but must state the name and number of the nominated repairer. So you do need to have a look at your agreements and make sure that the tenant knows who to contact in case of an emergency repair and let's face it emergency repairs usually don't happen Monday to Friday 9 to 5 they're potentially going to be happening after hours on weekends. So the main purpose of this is to make sure that a tenant has a contact person to be able to or repairers to be able to get those repairs done if it is an emergency repair and again emergency repairs as outlined under the legislation. So the other changes that's coming through is in relation to the entry condition report. Now we know not just the tenancy agreement at the start of a tenancy is an important document but so is the entry condition report. So currently tenants have three days to return a signed and completed copy of the entry condition report back to their property manager or the owner. Now the new amendments will see that this timeframe will be changed from three days to be seven days. So this is giving the tenant more time to be able to complete the report sign it and return it. This new section will also apply to roomy accommodation as well. There's also been some clarification around that unless a new condition report is prepared for a renewal agreement then the entry condition report for the original agreement is taken to be the report for the tenancy. So that's probably a little bit more business as usual. A new section for roomy accommodation that the provider will need to give a copy of the proposed roomy agreement to the resident before they're committed to that tenancy and when we say being committed that is before they sign the agreement or pay any money. So this is actually probably bringing it into a line a little bit for roomy accommodation to be very similar to what is already in place for general tenancies. So there's also a new section that is to offer a residential tenancy must disclose particular information. So currently the owner or the manager must provide a copy of the proposed agreement to the prospective tenant. There is now a new section to disclose particular information under a regulation. So the regulations have been released as of the 22nd of July and state that the agreement must also show details of any repair orders that apply to the premises or the inclusions. So this will be updated and on the new 18A the general tenancy agreement that will be available as of 1 October. There's also been a few other bond management tweaks in the amendments but another change is the section 136D. So the tribunal may make an order about a rental bond payment having regard to the efforts made by the tenant to comply with the tenant's obligations under section 1884. Now this 1884 section has not changed it still stays and that is the tenant is to return the property in the same condition it was at the start of the tenancy less fair wear and tear. Hence why really super important to make sure that you have your documentation at the start of the tenancy whether you're the owner of the manager or the tenant make sure that you do have that entry condition report. It also goes on to talk about the tribunal may look at the less or intense compliance with the act and the evidence supporting any bond claim. So again really super important to have those entry and exit condition reports and photos as further evidence to help support any claim that might go through to the tribunal. Now I'm just going to quickly touch on minimum housing standards. This was first passed back in 2017 as part of government's previous election commitment. So just to touch on this it does not commence until 1 September 2023 for new tenancies and then it's the following year so in 1 September 24. So for all tenancies so it is giving owners that time to be compliant. Now minimum housing standards the amendments fall into two areas. First is safety and security and the other one is reasonable functionality. So what we do know that some of the items have been listed under reasonable functionality is like since we fairly standard their functioning kitchen and laundry's adequate plumbing and drainage that the properties weather proof and structurally sound. But it's also put some clarification around fixtures and fittings to be in good repair and not to cause injury, locks or latches on windows and doors and that is to help secure the property. The property needs to be free of vermin, damp and mould and also the requirement of privacy coverings so your blinds and curtains. So we will have more information and education in the lead up to the provisions during 2023. So there is time for compliance so owners and managers may want to put a plan in place so that you're right to go as of 1 September 2023. But remember section 185 I talked about originally when we when I first started the session today is that is still in place in making sure that the property is still fit for the tent to live in and that repeats and maintenance are also carried out during the tenancy. Remember this is about the properties that are to be safe secure and functional. So where to next so we will be providing more information education on the tents or changes. So over the past few weeks you would probably see on our website there's been more additional resources added. So all our forms and publications will be updated and will be available as of 1 October and we will also have other educational resources there as well. So we have our webinars, podcasts, videos, fact sheets, quick guides that also step you through these changes. We are also working collaboratively with our key stakeholder groups as well. So the webinar series on the tenancy changes will also include or has also include topics of ending tenancies and the framework for negotiating running with pets. So you can find those recordings on our website. The next part and the final part of the series is your questions answered. So where we will summarise a lot of the questions that Mark and I have seen during the past few months either from our face-to-face sessions that we have delivered across the stage or from our webinars that we have done in the past. So we will be able to address a lot of the common issues or common questions that's been asked and some of the tricky ones as well and also keep in mind a copy of today's recording is also going to be available on our website over the coming week. Now Mark I'm going to come over to you because I know that I can see my screen has just been ticking along here with a lot of questions. Thanks very much everyone for submitting your questions into chat. If you still have questions continue to do so but we'll start to have a look at what has come in. So Tina has asked tenants have reported a problem with the dishwasher. So why do your repairs been organised immediately? However due to a labour shortage the repair is scheduled for three weeks away. Do tenants have a right to demand a rent reduction and if they do what would be the reasonable amount? Okay thanks for your question Tina. Look there is a part of the legislation that does talk about if a service or an item has actually been removed then the tenant would be right to request like a reduction rent until that item is actually reinstated as such. What is a reasonable amount? We probably couldn't tell you what that might be that would be between you and your tenant to negotiate something that is reasonable but yes if it is going to take a while to get something repaired we do recommend getting an early and communicating and negotiating something between yourself obviously as the manager or the owner and as well as the tenant. If you can't resolve something then obviously the RTA's free dispute resolution service can possibly help you. Excellent Lynn. Now Dale's asked around if this only starts from the first to the 10th 2022 will it not retrospectively apply? Now I'm assuming that he's talking around the transition periods and would you like to provide a little bit of information on that? Well the transitional period is also noted there in relation to particularly if there's any notices and things that's been started under the current legislation versus the amendments that come in as of 1 October and you can find information on that on our website as well but I'm not sure whether it's retrospectively in relation to a specific section there so a specific topic or anything I'm not quite 100% sure on that Dale sorry but honestly everything will start from 1 October so in relation to repair orders you can ask for repair order now if you went in and applied to QCAT they it's not going to start until after 1 October. But they will apply to tenancies that have started before that date? Oh sorry absolutely so if you have a current tenancy in place absolutely. Yeah and that goes on. Caitlin's asked a question around do existing lease agreements need to be amended to show emergency repairs or would a bulk email to all tenants advising that these changes suffice? And this is what we haven't had before. We haven't actually had that question before so I do thank you for that question. Look I suppose it does talk about in the legislation it does say that the agreement or noticed must state so potentially we could say that providing the tenant knows where to contact and everything like that that's the main the main purpose of that so making sure that they are aware and if you have evidence to say well we've actually ensured that that has occurred then potentially you could be looking at compliance with the act in that way. Robin popped a question in around a tenant locking themselves out of the property and is it considered an emergency? I would suggest Robin in that situation that that's the tenant's responsibility because the house is still in functioning order they've just not used it properly so in that case generally the the tenant is responsible to provide themselves access back to the property in those circumstances whether that's getting in touch with the agent or finding themselves in locksmiths to do that. Giving an entry notice for a trade to attend to property within a two hour window generally not possible the two hour window sectional legislation yeah doesn't apply to trade to people because of that exact reason that's been stated there they're busy and hard to get. So Wendy just to be very clear that two hour window is in relation to routine inspections so if you are going to the property as a managing agent or an owner and instead of putting a specific time down you have the option of putting down as example nine to eleven that two hour window does not apply for tradespeople but what we would do is obviously always recommend you trade and obviously yourselves talking to the tenant and letting them know that the reason why you're giving a longer time or that giving a day is to make sure that they're aware of the reason behind that again shortage of tradespeople or that they can't nominate an exact time. Rachel has asked Lynn where is the repair order listed and if I take on a new management can I see if there is a repair order? The repair order is not going to be listed there's not such like a database so I think that in relation to that you are just going to have to ask and hope that your new land law client is going to be open and truthful with you about if there is anything that's outstanding. Excellent what happens if the tenant does not return the entry condition report within seven days? Same as what we currently have in place obviously if the tenant doesn't return the entry condition report you might do a follow-up with them it's obviously and everyone's best interest that they do complete it and sign it and return it if they don't it's still deemed to be that the entry condition report that's been completed is still a condition report for the property. Okay penalty points will this be applied to the owner or the agent if the owner hasn't agreed to repairs what would you suggest? Look I suppose it really comes down to if there's a complaint made and obviously to the RTA would be looking at obviously all the information that's required we can never make a comment on our investigations what the individual compliance and enforcement member does but at the end of the day obviously you would be looking to make sure that you've obviously requested that information from the owner and so forth and follow it down those path and obviously good communication against key and also to reminding people of their rights responsibilities under our legislation. It could also go back as far as the dispute process sorry the QCAT process and who the repair order is made against in that situation. Absolutely so just looking through there's number of questions have come in which is good. Instead of entry notice to tenants are there any mobile text for tenants legal as notices? No. Under the Electronic Transactions Act texts are not and certainly from the aspect of the 18A which has on the front of it how can you issue your notices or however the parties agree to receive notices post or email are the options there. So what else? How do we deal with broken letterboxes which are constantly being vandalised? Well I agree we have to give them a letterbox do I really have to put a new one in every two weeks? That can be a tricky one because generally the tenant's not the one that's going to be responsible for the damage to the letterbox but you might need to look as to whether there's an option to put it in a different spot or build a big solid brick one. Yeah and again we can't make obviously comments on individual situations but bottom line is obviously it's been vandalised it's a police issue as well and maybe talking to like it wouldn't be just one letterbox I'm assuming it's multiple letterboxes about what's actually happening in that particular area of the situation. There's a question here Lynn this year contractors are very busy in Queensland and we have sort of touched on that issue a little bit. The timeframe is out of control can a manager waive the liability if the repair takes so long and the tenant lodges any complaint breach notice or a form 13 to the manager? I think. Well there's no waving any liabilities I don't think really I think that's probably out of the equation so you're saying that. Yeah and I was just going to say I think this question has come up a lot around the difficulty in getting tradespeople we are aware of the issues. The communication is your key here. What we're finding through the contact centre and the calls that are coming into the contact centre is the tenants are well aware and are generally happy to work with the agents in those circumstances or the owners as long as they're communicated with and they know what's going on. As far as the liability yeah we can't really comment too much on that but certainly we can recommend and what we know is communication is really a key. Yeah another one before we finish I know I'm conscious of the time I can see that there's a lot of questions in there that we are not going to necessarily get to. So if we don't get to your question today again feel free to either reach out to our call centre or potentially there will be another lot of resources being released over the next few days and weeks that will be available also on our website. Yeah sorry in relation to that as Lynn just mentioned if she wants to flick the page over. Sorry that's all right so there will be a lot of information you can see the links there on the on the screen you can follow us on LinkedIn as well as access our podcasts and webinars now this webinar will go up hopefully by Friday so you'll be able to go back and have another listen along with the other that we've done in this series so yeah we'd encourage you to jump onto our website and and check it all out but at this point I will thank Lynn for your time today and for the information that you've presented as a part of this series. Thank you Mark and as I said remember there is a copy of the webinar and our others will be up on our website shortly so at this stage thanks very much for coming along today and we'll see you hopefully in our fourth webinar of the series which will be the final one. Cheers.