Minister issues press release about flood affected tenancies

The following is a press release from State Housing Minister, Tim Mander, about flood affected tenancies.  We note there is no mention of the great services provided by the Tenants’ Union of Queensland (TUQ) and the Tenant Advice and Advocacy Services.  The TUQ has an excellent fact sheet for tenants.  To see it click here.

The following press release was issued today by the Miinster’s office.

Cleaning   flood damaged rental propertiesHousing   and Public Works Minister Tim Mander has urged tenants and landlords to work   together to arrange the cleaning and repair of rental properties damaged   during this week’s floods.   

“We know that a lot of people are going to be wondering where they stand and who is  responsible for what when it comes to the clean-up process,” Mr Mander   said.   

“At times like this it’s particularly important that tenants and landlords communicate, either directly or through a property manager, about the clean-up and any repairs that are needed.” Residential   Tenancies Authority (RTA) General Manager Fergus Smith said landlords were   responsible for cleaning up the building itself, including fences, gardens   and pools, while tenants were responsible for cleaning or removing their own   possessions.  

“Landlords   need to ensure a property is fit to live in,” Mr Smith said.  

“That   means taking care of the repairs and maintenance needed to bring the property   back to a liveable condition. They also need to comply with health and safety   laws,” he said. 

Where a   property is partially damaged and the tenant continues to live there, the   landlord will need to arrange entry to the premises for repairs. 

Entry   can be at any time by mutual agreement, or by serving an Entry notice (Form   9).

If a   property is partially damaged, the landlord and the tenant may negotiate an   agreement to reduce the rent until the premises are returned to the condition   it was in before the disaster. Any reduction in rent would depend on the   severity and impact of the damage. 

Any   agreement should be put in writing and signed by both parties. 

Mr Smith   said a tenancy agreement could be ended early where the landlord and tenant   agreed the premises were unliveable. 

“A   tenant or landlord can give the other party a notice formally ending the agreement   because the property is unliveable, but this must be given within one month   of the disaster occurring,” Mr Smith said. 

“In   cases where an outcome can’t be reached, the RTA offers a free dispute   resolution service.’’ 

Mr   Mander said renters who had nowhere to stay while their rental property was   being repaired should contact their nearest Housing Service Centre to   determine their eligibility for assistance.  

 Fast   facts


  • should communicate with tenants about the state of        the rental property
  • are responsible for the repairs and maintenance to        bring the property back to a liveable condition
  • must comply with health and safety laws
  • need to communicate with tenants about entering the        premises for repairs


  • should communicate with landlords/property managers        about the state of the rental property
  • are responsible for removing or cleaning their        possessions

 Find   out more at or call the RTA on 1300 366 311.

 [ENDS]   30 January 2013

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