 Hello, today's RTA recording is based on the basics. No one understands your agreement, whether it is a tenancy agreement or a rimmy agreement and whether you are the tenant, the owner or the manager. Today's recording is going to run for approximately 17 minutes. Thank you for watching today. My name is Lynne Smith and it's my pleasure to present today's topic to help you understand and be informed of the tenancy laws and practices for renting in Queensland. This recording will look at do you need a written agreement, what happens before a tenancy starts. I'll also outline the three main types of agreements, general tenancies, rooming and movable dwellings. The difference between fixed and periodic agreements, special terms, what else you need to know and where to get information. Today's recording does not cover the COVID-19 amendment agreements. Information can be found in a separate webinar regarding COVID-19 on the RTA's website. As a disclaimer, I know the RTA cannot provide legal advice and you are encouraged to seek your own independent advice and make informed decisions. So the question, do I need a written agreement? In a nutshell, the answer is yes. The residential tenancies and rooming accommodation act 2008 states an agreement must be in writing and penalties do apply. The act also states it can be in writing, verbal or implied and if there is no written agreement you can still be covered under the act. By having a written agreement, it outlines what you can and cannot do, who's responsible for what, so literally it's outlining yours and the other party's rights and responsibilities and removes any confusions with regards to expectations. The main message though is whether you are the tenant, the owner or the manager signing any agreement, you should read it first and understand what you are agreeing to. Even if you rent to family, members or friends, it's wise to draw up that agreement. Remember the agreement is a legally binding written contract. It's important to also point out that holiday lets, the purchase plan agreements, borders and lodges, temporary refuge and commercial property are not covered under the act nor if you rent outside of Queensland. Remember each state and territory have their own tenancy rules. So before the tenancy starts, the RTA does not cover the tenant selection process. While most property owners and managers have their application and selection practices, the main focus on selecting a tenant is based around the ability to maintain and care for the property and the ability to afford and pay the rent. The RTA has a video on our website with more information on applying for a rental property. However under section 58, the prospective tenant must be given a copy of the proposed agreement before they are committed to the tenancy and that means before they sign it or before they pay any money. This gives the tenant the opportunity to view and understand the document and any of the terms upfront. For room accommodation, the proposed resident must be given a copy of the house rules before entering into an agreement. The property owner or manager cannot ask for an application fee. You can only take a key deposit. If you hand out a key for viewing the rental property, a holding deposit and a deposit to place the property on hold for a period of time and that may be 24 hours or 48 hours and rent and bond. There are three main types of tenancies. The majority of our viewers will be familiar with general tenancies. The agreements used for houses, units, townhouses, flats and villas all self-contained accommodation. All agreements are divided up into three main areas. So first of all you've got pages one to two and they're the details. So as an example, who the agreement is between, the owner, the tenants and the managers, they're full details. The property address information, how long the term is, what the rent is going to be and where to pay it, the number of occupants and if pets are allowed. Second part is pages three to seven and these are the standard terms as outlined under the legislation. It's really important to read and understand these terms. This is the details of the rights and responsibilities that whether you are the owner or the tenant that you agree to do. And page eight, this includes any special terms and attachments and this is where owners and tenants and managers will sign. For general tenancies, property owners and managers are to provide tenants with an information statement and that's the pocket guide for tenants. This can be downloaded from the RTA's website or sent as a PDF or attachment by email to the tenant. Where the tenancy is part of a body corporate or a strata complex, there will be body corporate bylaws that the tenant must be also given and comply with. These form part of the tenancy and usually include things mainly affecting common areas and the neighbors. So things like noise issues, parking, pets, pool times. It's the responsibility of the owner or manager to ensure the correct bylaws relating to that building or complex are given to the tenant at the start. The general tenancy agreement is also referred to as an 18A and for public housing tenants the form used is an 18C and the terms are very similar. On this slide you will see the standard terms that you will find in pages three to seven and when you enter any agreement, whether you are the owner or the tenant, take the time to read and understand these terms. Some of the key areas are the starting of the tenancy, information regarding rent, so rent increases, rent decreases, bonds, outgoings, who pays for what, the owner's right to enter, the tenant's right to quiet enjoyment, the owner and tenant's general obligations, supplies of keys, emergency repairs and ending the agreement and what's required. If you've never taken the time to read your agreement, please spend a few minutes to know and understand what you have signed. The form R18 is the agreement for rooming style accommodation. So where you rent the room and have shared common areas such as bathrooms or kitchens, it's not self-contained. So all rooming forms have an R at the start of the form number. So similar to general tenancy agreement is made up of standard and special terms. It's important that any food, personal care or other services provided are outlined in the agreement along with the rent amount. With rooming accommodation there are prescribed house rules and also the provider or manager can also apply further rules. House rules relate to guests, parking, use of shared facilities, smoking, pets, drinking alcohol or legally consuming other drugs on the premises. The provider or the manager must ensure the house rules are displayed at all times and in a place where it's likely to be seen by all the residents. Under rooming laws you can also opt into general tenancies. So what we mean by that is that the provider or manager and the tenant may negotiate to follow the rules of general tenancies and sign up a general tenancy agreement. This does not apply for general tenancies opting into rooming. So in some instances longer term tenants may have signed general tenancies or in some boarding houses they may have a mix of general and rooming tenancies. With regards to impaired capacity and a tenant entering into a rooming agreement they may nominate a person as a representative to receive copies of any notices relating to that tenancy and again this should also be outlined in the agreement. Finally the other type of agreement is one used for caravans or movable dwellings. This is not for holiday accommodation it's for permanent residential letting. The form is also known as an 18B and again similar to general tenancies as standard and special terms. The park owner or the manager is to give the tenant an information statement so a pocket guide for tenants for caravans parks. With these tenants there are also park rules involved. These outline the common areas and the do's and don'ts of living in the park. So as an example there may be rules around the use and operation of communal facilities, speed limits for driving through the park, noise, parking, getting rid of rubbish and also pets. For some parks they may have self-contained apartments or cabins so this would fall under the general tenancy agreements and if they are permanently led. Park owners and managers also have the option of entering into short term or long term agreements. So a written agreement is not required if a cabin is rented for less than 42 days. However if it's longer than the 42 days they must have a tenancy agreement. Fixed term versus periodic tenancies. A fixed term is for a set period of time. Has a start date and an end date. A periodic agreement has a start date but no fixed end date and the tenancy continues until either party in the tenancy gives notice to end it. The old terminology used to be called month to month or week to week however that's something that's not used now. So whether it's fixed agreement or a periodic one, notice needs to be given and in writing to end the agreement and there are time frames outlined under the act. It's also a balance in relation to the type of agreement that's in place. Whether someone wants the stability of knowing when the agreement will end and know that the tenancy stays in place during this fixed time. Particularly for longer term tenancies versus the flexibility of having the option to end an agreement whenever you want to give the notice as required. While there are some myths about all tenancies must be on fixed term agreements to have coverage, that's not the case. Remember the tenancy or roomy agreement must be in writing. It's also up to the individuals and negotiations between parties whether it starts as a fixed or periodic. In some scenarios it may start as a fixed term agreement and then follows on and continues through as a periodic. Just because the term has changed does not change the rights and responsibilities on both sides. The RTA encourages both owners, managers and tenants to negotiate. Agreements do not always have to be six months, they could be 12 months or longer, or could be a different time frame altogether and that may be for three or eight months. For special terms these are the extra terms that are put in place besides the standard terms. Special terms could include areas like water charging, solar electricity, rebates, the pets, gardening or pool requirements. It's important to point out that you cannot put in place a special term that is contracting outside the act and meaning that you cannot write something that is unlawful and taking away from the terms in changing or restricting the act. Nor can you enforce the tent to purchase a particular good or service. The RTA has done previous webinars on special terms and also video on our website. Unlawful clauses include insisting the tenant pay for professional cleaning and carpet cleaning. The act states that the tenant is to return the premises in the same condition it was at the start, less fair wear and tear. If stand cleaning carpets were done at the start, then they will need to ensure that they do them at the end. This is okay. You need to be careful in relation to the taking of the wording for any special terms. And a no-no manager cannot enforce that the tenant use a particular service. Cannot change time frames as set out in the legislation or force the tenant to integrate to an open home or change the rules of entry. There's penalty provisions apply and the RTA has prosecuted owners and real estate managers for unlawful special terms. So what else do you need to know? You can serve notices by email during the tenancy providing you have agreed to this on the agreement. This is notices such as entry, breaches or notices to end the agreement. It's important that the correct email address for all individuals is listed on the agreement and should they change during the tenancy, the owners is on the individual to inform the other party to ensure the information is always up to date. On the agreement will be the rent payment details, how much, when it's due, the method and where to pay. Remember the Act outlines approved methods for paying rent. Any associated costs involved in paying rent, the tenant must be informed. The agreement will also state if a bond is required and how much to be paid. There are rules in place as to the maximum amount of bond that you can take. And remember if a bond has been paid, it needs to be lodged at the RTA. Either the manager or the owner or the tenant can lodge a bond through our RTA web services online. More information on bond lodging is available on the RTA's website. It's also very important that's clear upfront who pays for any services involved in living in the property. Things like electricity, gas, internet and in some cases, tenancies may have the tenant paying for water consumption. There are rules in place when the tenant can be charged for water. The agreement also provides an opportunity for owners and managers to nominate tradespeople for the tenants to contact in case of any emergency repairs and particularly if those emergency repairs happen after hours. The agreement will also ask what is included and it could be items such as air conditioning, dishwasher and a wash machine. If you have so, then list the items on the agreement. If the property is fully furnished, you may wish to attach an annexure and it's going to be an itemised list of what's actually included. Changes during the tenancy. Firstly, if the place where rent is to be paid is to be changed after signing the agreement, notice must be in writing to the other party and they must agree. This is outlined under section 83 of the Act. If it is a change of owners or tenants, again, keep things tidy, put it in writing and any amendments to the agreements should be signed by all. Make sure any special terms added are lawful and finally section 63 and 79 under the Act requires the owners and managers to keep copies of the agreements for a period of one year after the term of the agreement ends. So in summary, understand and read the standard terms and any special terms that have been added. Know what you are agreeing to. Ensure the agreement is completed accurately. Double check spelling, amounts, dates. Before a tenant is committed to a tenancy, they need to be given a copy of the agreement along with the pocket guide. After everyone has signed, both the owner or the manager and the tenant must have a copy. If there are multiple tenants, then all the tenants need to receive a copy of the signed agreement and electronic signatures are allowed for signing. So all forms, agreements, fact sheets and publications are all available to download from the RTA's website. You'll also find videos and webinars on various topics. The pocket guide for tenants can be downloaded and this is available in other languages, including Chinese simplified, Chinese traditional, Korean, Arabic, Japanese, Vietnamese and Spanish. For property owners and property managers, you can download the Managing General Tenancies booklet or Room Incommodation and Movable Dwelling Tenancies booklets. You can also access industry and sector representative support. Contact details can be found on the RTA website. You can continually connect with the RTA through LinkedIn or subscribe to the RTA's news articles through our newsroom where we provide updates on current tenancies and bonds and trends. So for more information on agreements or other tenancy and bond information, please go to the RTA's website, rta.qld.gov.au or if you have any questions, please speak to one of our friendly staff in our contact centre on 1300-366-311. Remember, if you need any tenancy assistance, the RTA is here to help you. Whether you're the tenant, the property owner, the property manager, a rooming provider or a resident. Thank you for your time today. Please stay tuned as we deliver more tenancy information through this and other channels from the Residential Tenancies Authority. Thank you.