 Hello, welcome to today's RTA webinar recording on your questions answered Part 3. My name is Lynne Smith from the Communication and Education Team of the Residential Tendencies Authority. Today's recording is going to run for approximately 12 minutes and at any time you can pause and watch the video at your own pace or choose the topic of interest for you. Today's recording is the last one in the series of your questions answered. Part 1 and Part 2 covered off on a variety of topics including solar electricity, damage, death and divorce, gardens and gutters, keys and locks and mould. You can view these at any time on the RTA's website. So in finalising the series with Part 3, today's topics will include smoking and the reasonable expenses incurred when subletting and transferring a lease, hoarding and squalor and where to get help, light bulbs and who is responsible for what and the time frames for applying to the Queensland Civil and Administrative Tribunal. Please note the RTA cannot provide legal advice and you are encouraged to seek your own independent advice to make informed decisions. So we're going to start now with a topic on smoking in a rental property. One of the questions asked is can I say no to a smoker? So keep in mind the RTA does not cover the tenants application process. The tenancy laws do not make specific reference to smoking apart from house rules in rooming accommodation. So it's important to note that the Anti-Discrimination Act also does not make specific reference to smoking or smokers. So where the tenancy laws do come into play is in the tenants general obligations during the tenancy and more so at the end of the tenancy and that's to leave the premises in the same condition it was at the start, less fair wear and tear. It's important to note that the stains and odour caused by smoking may not be considered fair wear and tear. So any damage or deterioration by the smoking could be seen as the tenants cost to rectify. Another question asked in this topic is can I write a special term in the agreement that says the tenant cannot smoke inside the property? Well yes you can. Always be cautious in writing any special term that you make sure that you don't contradict the tenancy laws. So for sub-learning or transferring reasonable expenses to cover this topic I just want to read to you what section 240 of the Act states. And it says that the lessor-lessors agent must not require the tenant to pay or accept from the tenant an amount for the lessor's agreement to a transfer or sub-letting by the tenant other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or sub-letting. And then there is penalties applying to this particular section. So what does that mean? So let's have a look at an example. So say there are three tenants living in the property, two are going to stay on and one is leaving, they're going to be moving out and transferring his or her responsibility to the other two remaining tenants. The owner would be in a position to seek reasonable cost. And this would be seen as like an administrative cost to cover the expense of say changes in the agreement, changing the bond over, assessing the two remaining tenants that they can still afford the rent. In this situation this is not a full re-let of the property. It's a transfer, not a full let, which would require advertising and showing the property to prospective tenants. So questions asked have been around what is a reasonable fee. And this could vary. So there's no hard rules on this. However, from what we have seen in the sector, it could be an expense. And again, it's an administrative expense ranging from say $50 to $180. It could be less. It could be more. It should be done on a case-by-case basis. And what's the reasonable expense involved in doing the transfer? I just also want to point out, remember section 61 of the Act states that the costs in preparing the agreement are payable by the lessor. So remember, there is a difference between a re-letting fee, which would occur say in like a lease break situation where the agreement ends early and a reasonable expense in transferring or subletting where there is a change in the names on the agreement. On this next slide, I just want to talk to you about or raise awareness of hoarding and squalor and where to get help. Hauding is where someone may have difficulty getting rid of possessions or may collect and keep a lot of items in their home. Even though to most other people, the items may be useless or considered garbage. To the person, it's extremely difficult for them to let go of their collection. They've gathered over a period of time. Squalor situations are more about the home being extremely dirty and unpleasant. There may be a build-up of filth, rotting food, waste and bad odours and again building up in the home. And this occurs over an extended period of time. Hauding and squalor can affect people from all walks of life. While some people will think of typical scenarios, it may not always be the case. There are health and safety concerns involved for the property, the person living there and also the neighbours. The tenancy laws outlines the tenant's general obligations to keep the premises and inclusions clean. Not to interfere with the reasonable peace and comfort and privacy of a neighbour and at the end of the tenancy to return the property in the same condition it was at the start, less fair wear and tear. Hauding and squalor is a complex situation and the persons will require support and assistance. You can speak with your local council member or in most cases, there are local community organisations who can provide specific support in these situations. It's not about having someone come in and just clear everything out. It doesn't work like that. And as I said before, it is complex and our advice is to speak with someone qualified to provide the many layers of support to help the person and then look to have a plan on addressing the situation. We also know that Q-Shelter has a booklet as part of their creating sustainable tenancies resources and it's on working with people affected by hoarding and squalor. So you can go to their website at qshelter.asn.au or search for your local community organisation specialising in this area. So let's have a look at light bulbs. The RTI receives questions along the lines of who pays for the light bulbs. The act outlines general obligations for both the owner and the tenant. The owner's obligations to do repairs and maintenance and the tenant's obligations to ensure the properties were turned again in the same condition it was at the start, less fair wear and tear. It's normally seen in the rental sector that the general bulbs, the standard ones that are throughout the home or the not expensive ones are the tenant's responsibilities to change. The property owners should consider any risks and whether there's specific equipment required. So as an example, if I've got a very high ceiling that might be two or three stories high, the tenant might require an extension ladder to replace the bulb and that's something that a tenant may not have access to. For specialised fittings or something that is unique, like a unique globe or difficult to source, it could be generally seen as the owner's responsibility. Again, I'll refer back to the act and the tenant's general obligations. If the lights are working at the start, then they should be working at the end of the tenancy. You can have an agreement upfront on who does what. So you can have a special team about any specialised or expensive globes. And this is very general information and we do encourage good communication between property owners and managers and tenants. And finally, a reminder for the time frames in applying to the Queensland Civil and Administrative Tribunal. The act outlines urgent and non-urgent applications. So urgent applications such as your termination order or wider possession, hardship or objection or behaviour, you go straight to QCAP. So for non-urgent matters, for your conversation or bond matters, you need to apply to the RTA's free dispute resolution service first. If it's not resolved through the conciliation process, you'll be issued a notice of unresolved dispute to proceed to QCAP. For non-urgent tenancy matters or your compensation, you have a six month timeframe to apply when you're aware of the breach or the event. And that means firstly, applying to the RTA dispute process first before you actually apply to QCAP. For bond disputes, which is usually a response to the notice of claim process for the bonds, once conciliation has been completed and if it's not resolved, you will be issued the notice of unresolved dispute. You then have seven days to apply to the Tribunal and inform the RTA of your QCAP application in writing. It's a two-step process. You need to apply within the seven days and also inform the RTA within the seven day timeframe. So whether it's a tenancy matter or a bond matter, do not leave everything to the last minute, particularly bond applications. It's a short timeframe to get your application into QCAP. So have everything ready to go once you receive that notice for your application. Your applications, fees and information about applying can be found on the QCAP's website. That's QCAT.QLD.gov.au. And again, time frames for hearings depends on your regions across Queensland. You can also check in with your local Tribunal to see how long it will take for your hearing to be heard. Keep connected with us by subscribing to the RTA News and you can also link in with us on the RTA through LinkedIn. We hope you've enjoyed the final of the RTA's three-part series of your questions answered. The RTA is here to help you and everyone involved in the tenancy. And the RTA's website has a lot of information and resources available for you. We encourage you to be informed and know your rights and responsibilities. So please visit our website at rta.qld.gov.au. The RTA web services for bond matters includes lodgements and refunds is available 24 hours a day, seven days a week. If you need further assistance, call the RTA on 1300-366-311 and speak with one of our Friendly Contact Centre staff members for a valuable Monday to Friday, 8.30am to 5pm. Thank you for your time today.