A Rooming accommodation agreement (Form R18) is the agreement between the resident and the provider/agent which sets out the terms that apply to the resident's stay in the accommodation.
A Rooming accommodation agreement (Form R18) is the agreement between the resident and the provider/agent which sets out the terms that apply to the resident's stay in the accommodation.
Changes to Queensland rental laws came into effect from 6 June 2024. Learn more about the changes and what they mean for you.
Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.
Some rooming accommodation facilities (e.g. boarding houses and supported accommodation) are considered residential services and are also covered by the Residential Services Accreditation Act 2002. These services need to register with the Department of Housing, Local Government, Planning and Public Works in order to operate in Queensland. The three levels of registration and accreditation are:
For more information on the definition of a residential service and the registration and accreditation of residential services contact Business Queensland.
The agreement is a legally binding written contract that outlines the rights and responsibilities of a resident and property manager/owner. Special terms can be added if the property manager/owner and resident agree.
The agreement should be written in a clear way and the manager/provider must pay for the cost of preparing it.
The resident must be given a copy of the Rooming accommodation agreement on, or before, the day they move into the room. If they are not given an agreement to sign, they still have protection under the law.
A copy of the house rules must also be given to the tenant as these form part of the terms of the agreement.
It is an offence under the Act to increase the rent in less than 12 months. The 12-month period applies even if the last rent increase was related to a different tenancy agreement with another tenant or by a previous manager or owner of the property.
As required by the Act, the property manager/owner must include the date of the last rent increase for the premises in the tenancy agreement (Form 18a/Form 18b/Form R18).
Rent increase requirements do not apply to exempt property managers/owners or exempt providers. The Act provides definitions for an exempt property manager/owner and an exempt provider.
The requirement to provide evidence of a rent increase does not apply if the premises is purchased within 12 months of commencement, and the property manager/owner does not have information about the date of the last rent increase.
If the property was purchased within 12 months of a new lease starting and the property manager/owner does not have the information about the last rent increase, or if the property owner lived in the property before renting it out, how can they provide the date of the last rent increase on the tenancy agreement?
From 6 June 2024, the legislation requires property managers/owners to provide the date of the last rent increase in a rooming accommodation agreement. There is no specific exemption for situations such as when a property is purchased within 12 months of a new tenancy starting, and property managers/owners do not have the information of the date of the last rent increase. Additionally, the legislation does not address the situation where an owner who previously lived in the property begins renting it out for the first time and is unable to provide the date of the last rent increase.
The Residential Tenancies Authority (RTA) recommends that property managers/owners communicate to the tenant in writing if they cannot provide the date of the most recent rent increase at the beginning of a tenancy including the reason why that information cannot be provided.
Residents can ask for evidence of the last rent increase if they have concerns about compliance with the legislation, however, if the property was purchased within 12 months of the start of the tenancy, the property manager/owner is not required to provide evidence if they do not have it.
Please note: that under the legislation an owner is deemed to have evidence of the last rent increase if they, or their agent (e.g. real estate agent, property manager, lawyer) has this information in their possession or control.
If the issue cannot be resolved through self-resolution, the customers may request a dispute resolution through the RTA or a resident can request an investigation by the RTA.
A bond does not have to be taken but if it is it must be lodged with the RTA within 10 days using the Online Bond Lodgement facility or a paper form.
If the rent is $500 or less per week, the maximum bond that can be charged is 4 times the weekly rent.
If the rent is more than $500 per week, there is no bond limit. In this situation, the RTA recommends the manager/provider should first discuss the bond amount with the resident.
A Condition report (Form R1) must be completed if a bond is taken. However it is recommended that a Condition report is completed regardless of whether a bond is taken. This report records the condition of the resident's room at the start of the agreement.
The fact sheets and checklists below provide a summary of key things to remember in rooming accommodation.
A Rooming accommodation agreement (Form R18) is the agreement between a resident and a provider which sets out the terms that apply to a resident’s stay in rooming accommodation such as boarding houses, supported accommodation services, off-campus student accommodation and other rooming style accommodation.
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) lists the rights and responsibilities of people living in, and operating, rooming accommodation such as boarding houses, hostels, and off-campus student accommodation.
This is an easy-read introduction to things to know about renting in rooming accommodation. The checklist tells you the most important things to do:
This checklist will help you make sure you:
This resource has reminders and tips about key rights and responsibilities during your tenancy. There is also a checklist showing what to do at the end of your tenancy.
This resource for Rooming accommodation providers/managers provides a checklist for things you are required to do at the beginning and end of a tenancy. There are also reminders of key things to be aware of during a tenancy.
The Rooming accommodation agreement (Form R18) reflects the requirements of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act). Any inconsistency within the standard terms stated in the Residential Tenancies and Rooming Accommodation Regulation 2009 is to ensure compliance with the RTRA Act.
