For many landlords, their rental property is a significant investment, and to optimise their returns, they're looking for a tenant who pays on time, looks after the property and stays long term.
Finding a tenant like that takes more than posting a listing and taking the first application. It takes a deliberate process, applied consistently, from the moment your property goes live and throughout the tenancy.
That process only works, though, if the property itself is legally compliant. A quality tenant won't stay long in a property that falls short on safety, and a landlord who gets the legislation wrong can face fines, disputes or a tenancy that unravels through no fault of the tenant at all.
Queensland's rental laws, set out under the Residential Tenancies and Rooming Accommodation Act 2008, cover far more than the lease itself. Here’s some key compliance items your property manager should be across:
Smoke alarms: Interconnected, photoelectric, tested before every tenancy
Every rental property in Queensland must have interconnected, photoelectric smoke alarms that meet Australian Standard 3786-2014. They need to be installed in every bedroom, in hallways connecting bedrooms to the rest of the dwelling, and on every level of the property.
This isn't a set-and-forget requirement. Landlords and property managers must test and clean smoke alarms within 30 days before the start of every new tenancy, including a renewed lease with the same tenant. If an alarm fails during a tenancy, it needs to be addressed quickly. Getting this wrong doesn't just risk a fine. It puts your tenants' safety, and your liability as an owner, on the line.
Pool safety: a certificate before the lease is signed, and ongoing barrier compliance
If your rental property has a pool or spa, Queensland law requires a valid pool safety certificate before a tenant signs a lease, and before any lease renewal. The certificate, issued by a licensed pool safety inspector, confirms your pool barrier meets the current Queensland Building and Construction Commission's swimming pool safety standard. It's valid for two years for a non-shared pool, regardless of how many times the property is re-leased in that period.
Compliance doesn't stop once the certificate is issued, either. Fence height, gate latches and clear access all need to stay compliant for the life of the tenancy.
Minimum housing standards apply too
Every Queensland rental must also meet minimum housing standards, both at move-in and throughout the tenancy. The property must be weatherproof, structurally sound and in good repair, and free from vermin, damp and mould the tenant didn't cause. External doors and windows need working locks, bedrooms need privacy window coverings, and plumbing, hot water and any cooktop must work properly.
Meeting these standards is the owner's responsibility from day one, and repairs needed to bring a property back up to standard during a tenancy are treated as emergency repairs. See the RTA's minimum housing standards page for the full list, or our guide to the latest housing legislation for the wider changes.
Rent increases: Once every 12 months, with written notice
Rent increases in Queensland are now limited to once every 12 months, and since mid-2024 that limit applies to the property itself rather than resetting when a new tenant signs on.
For a periodic agreement, landlords must give at least two months' written notice before an increase takes effect, and the notice needs to state the new dollar amount, not just a percentage.
For a fixed-term lease, rent can only be increased during the term if the agreement already specifies the new amount or the method for calculating it. If it doesn't, the rent stays fixed until the lease ends. There's no cap on how much rent can rise by, but a tenant who believes an increase is excessive can apply to the Residential Tenancies Authority for free consultation, and from there to the Queensland Civil and Administrative Tribunal if it isn't resolved.
Why this matters beyond avoiding a fine
None of this is red tape for its own sake. A property that's genuinely compliant is also a property that holds onto good tenants, since nobody wants to live somewhere the smoke alarms aren't working or the pool fence has a faulty latch.
Getting the legislation right protects your tenant, protects your asset and protects you from the kind of dispute that ends up in front of QCAT rather than resolved with a phone call.
It also comes down to good record keeping. Smoke alarm test dates, pool safety certificates and rent increase notices should all be documented and easy to produce if a tenant or the RTA ever asks.
The entry condition report completed at the start of every tenancy is the natural place to record smoke alarm compliance, and it's worth keeping every pool certificate and rent increase notice on file.
Queensland's rental laws have shifted considerably over the past few years, and they continue to be updated. What was compliant two years ago isn't necessarily compliant now. If you're managing a property yourself, or you're not entirely sure your current property manager is keeping pace with these changes, it's worth a conversation.
Talk to the Penrose property management team on pm@penroserealestate.com.au to make sure your rental property meets every current Queensland requirement, and stays that way.