Residential Tenancies and Rooming Accommodation Act 2008

This article discusses the purpose, structure, and critical perspectives on the Residential Tenancies and Rooming Accommodation Act 2008. It also covers an issue related to the act and its legal laws and regulations.

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LEGISLATION, CASE LAW & STATUTORY INTERPRETATION
ASSIGNMENT TRIMESTER 2, 2019 1031LAW

TABLE OF CONTENTS
Part 1............................................................................................................................3
The purpose of the legislation:........................................................................................................... 3
The structure of the legislation and how it attains the Act’s purposes:.........................................4
Critical perspectives on the legislation:............................................................................................ 8
Part 2..........................................................................................................................10
Issue 10
Legal Laws and regulations.............................................................................................................. 11
Application of legal rules.................................................................................................................. 12
Conclusion......................................................................................................................................... 13
Part 3..........................................................................................................................13
Bibliography..............................................................................................................16

PART 1
The purpose of the legislation:
The Act and the regulations establish a standard residential tenancy agreement that offers rights
as well as regulations to lessors and tenants. Further, the Act provides the Court jurisdiction with
authority to hear and make settlement of conflicts regarding residential tenancies, inclusive of
bond disputes1. The major objectives of this Act are to provide the statement of rights and
requirements of tenants, agent as well as lessors meant for tenancies related to residents, agents
and providers for the accommodations of room such as licensed premises, supported
accommodations, accommodations provided by the employer, boarding houses and off-campus
student accommodations2.
The rights and compulsions are outlined by the Act of tenants, property, agents and owners
engaged in residential renting within Queensland. Moreover, it establishes what the parties
towards tenancy agreements are required to or not to do, how to solve issues that might take
place at the time of tenancy and makes the explanation of those steps that can be considered if
any of the party to a tenancy contravenes the law provisions3. The provision of Act aims to offer
guidance to state what might be enclosed by the minimum standards within the regulation. It also
covers the consultation regarding what the standards will be, and in what way they would be
imposed and their impact on the sector before the amendment of the regulation 4.
1Andrew Persijn,. ‘QCAT update: Interpretation of the Residential Tenancies and Rooming
Accommodation Act 2008 (Qld).’ (2015) REIQ Journal 30.
2Carter Newell. ‘What property managers should do when a residential property is abandoned.’
(2018) REIQ Journal 28.
3Connie McKee. ‘Is it law, is it lawful or is it best practice?.’ (2017)REIQ Journal 26.
4Glenn O'Connell, and Dibden Andrew. ‘Student accommodation as an eligible investment
business.’ 51.8 (2017) Taxation in Australia 449.

Legislation’s structure and the way it does attainment of Act’s purposes:
The typical structure of the legislation broadly involves:
 Acquisition of a unit by an investor in the trust of Australia.
 Land and building retained by the Aus trust which is employed to offer the student
accommodation (generally numerous sites are retained in various sub-trusts).
 Aus Trust is entering into the agreements of rooming accommodations with student
tenants.
 Aus Trust is entering into the agreements of management with a related or unrelated
business entity5.
5 "Rent In Rooming Accommodation Fact Sheet", Residential Tenancies Authority (Webpage,
2019) <https://www.rta.qld.gov.au/Forms-and-publications/Fact-sheets/Rooming-
accommodation-fact-sheets/Rent-in-rooming-accommodation-fact-sheet>

Residential Tenancies and Rooming Accommodation Act 2008, places out tenancy laws
meant for Queensland; further, this legislation makes sure that the rental market is in a state to
satisfy the Queenslanders needs in the rental accommodation6. The purpose of the Act is satisfied
by legal provisions developed by the Act, as it states all the rights as well as duties of related
parties engaged in residential renting, it places tenancy agreements, and the manner by which
tenancy issues could be addressed, while stating the measures to be taken into account when the
provision of the law has been breached by tenancy7. The legislation sets forth the provisions
related to tenancy, accommodations, rights and responsibilities, breaches, termination and
disputes related to Residential and Rooming Accommodation, and these developed provisions
and consequence of breach of provisions provides individuals a clear idea through which parties
to the agreement regarding their duties and responsibilities imposed by the law8. Further the law
creates clear structure by which individuals can conduct contractual agreements in an effective
manner and have guidelines of resolving their disputes and issues in case of disagreements.
Structure for remedy breach is as follows:
6Michael Gapes. ‘Starting out on the right foot: How to commence new managements and
tenancies.’ (2016) REIQ Journal 35.
7Carter Newell. ‘Ending a Residential Tenancy Agreement.’ (2017) REIQ Journal 32.
8Carter Newell. ‘Landlord disputes extent of costs and expenses incurred by property manager.’ (
2018) REIQ Journal 42.

Residents and offerer/agents can generally consider dispute resolution by interacting with each
other and looking out for their rights and obligations as per the Act9. If it does not comes up with
a solution, the dispute resolution service of RTA might be able to provide assistance. In care,
9 "Rent In Rooming Accommodation Fact Sheet", Residential Tenancies Authority (Webpage,
2019) <https://www.rta.qld.gov.au/Forms-and-publications/Fact-sheets/Rooming-
accommodation-fact-sheets/Rent-in-rooming-accommodation-fact-sheet>

there is still no agreement, and an application is required to be prepared to the Tribunal for the
final decision10.
This Act is a combination of flexibility and rigidness as it prescribes terms that are required to be
included in the agreement referred to as standard terms. On the other hand, the parties might be
agreeable to other special terms given they do not disagree or are not consistent with the standard
terms11.
Critical perspectives on the legislation:
By considering the above facts, it can be stated that this Act is expected to attain its ultimate
purpose, as it has set out clear and defined guidelines and provisions, and these are likely to be
attained by the regulation of creating, content, process as well as termination of agreements,
offering for the dispute solving and formulating the Residential Tenancies Authority to obtain,
and make payment of rental bonds, while monitoring and imposing compliance with the
Act12.However, this act has some unintended consequences such as higher cost and balancing
higher flexibility with managing legislative simplicity, as well as neglecting potential unintended
results, for example, lessors/agents ending agreements to prevent applicable long-term
arrangements. Further, this could be solved by making amendments in the Act to make a
reduction in inspection frequency and enable notice periods to end a tenancy, in the absence of
grounds when the tenant has been in the premises for over two years13. Further unintended
consequences identified in the legislation are inefficiencies and costs that are enforced on the
10Sharon A Christensen., and DuncanWilliam D. ‘Sharing your home in Queensland: Host,
landlord or innkeeper?.’ 6.2 (2016)Property Law Review 137-143.
11William D Duncan., and Christensen Sharon. Real Estate Agency Law in QLD. (Thomson
Reuters, 2016)
12Sean Roberts. ‘Changes to Realworks property management forms.’ (2018) REIQ Journal 25.
13Sharon A Christensen., and Duncan William D. ‘Sharing your home in Queensland: Host,
landlord or innkeeper?.’ 6.2 (2016)Property Law Review 137-143.

property owners and on the building industry from the regulatory measures that are external of
the building law structure14.
Yes, it creates a fair balance among the competing rights or the interest involves, it is because it
has set out specified rules and responsibilities for all involved parties, and positioned cases and
provisions that are meant to help them to adhere with the law, and it has also placed the
resolution aspects that can be applied to address disputes. It can be stated that this particular
legislation is fair towards all, and does not possess any sort of partiality in any other way, by
providing regulations with all parties to the contract and by considering overall interest. The
concept of this legislation does not adopt any particular theoretical model; however, the approach
of this model is based on dual rental sector model to ensure uniformity.
14Andrew Persijn,. ‘Lessor's obligations-When is a premises fit to live in and in good repair.’
(2018) REIQ Journal 36.

PART 2
Issue
In the given case, Peden Pty Ltd (First respondent) is the resident of the Monndarra Motel in
Innisfail, as a representative for Dunn family Trust. The following plaintiff is Peter Dunn, and
Denis Dunn were the officers of the motel. At that place, shareholders, directors, Peter Dunn and
Denis Dunn lived. The Celina Maria Bortolazzo (applicant), live at the property which is nearby the
motel. The applicant on behalf of co-owners of property entered into letting of that apartment.
Around March 2003, Frank Maru and Cynthia under the oral tenancy agreement become the tenant
of that apartment, and from August 2003 Ms Broome was obligatory for the apartment is
underwritten tenancy agreement according to the Form 18a General Tenancy Agreement under
Residential Tenancies Act 1994. From 24 December 2003, respondents commenced action in
nuisance, such as laud voice from the apartment, a regular burn irritation reasoned by tenant
scorching off, unnecessary shouting of dogs, disruptive and drunken behaviour by individuals all
time, and spreading of tune at very elevated volume. It was claimed by respondent that from 3
December 2003, applicant should enter into such activities to alleviate nuisance and because of that
company has suffered from monetary loss. Dunn also claimed for damages to interferences with
residential amenities. Before, initiate of proceeding Mr Marudies and Ms Broome left apartment.
After that, niece of Mr Maru and another person pay lease charges directly to the applicant.
Defendant started their proceeding against applicant. The issue is related with whether second
respondent is considered a neighbour of the property owned and leased by applicant to tenant.
Along with this, another issue is whether applicant possesses duty for nuisance for permitting
occupants to continue in possession of apartment. A further issue is whether applicant unable to
take rational paces to dismiss occupancy agreement or to make sure that tenant stop nuisance.
Legal Laws and regulations
According to the Clause 21(2) of General Tenancy Agreement, an occupant should not custom the
property for unlawful objective and does not carry any activity which assists in nuisance by the use
of the property. In addition to this, this clause also prohibits tenant from interfering with the rational
concord, privacy, or relief of person living adjacent to property of a tenant or may permit any

person to enter into property to interfere with peace, relief, or privacy of neighbour of tenant15.
Some of the examples of nuisance are as follows –
 Applying paint or chemical on the property which goes on the premises of adjacent land.
 Assisting in a loud voice.
 Permitting a significant amount of water to escape on to adjoining land16.
According to the general law, the lessor generally not has any obligation for nuisance made by
tenant unless and until they specifically authorized or let for the purpose which is close to nuisance.
A holder of the property obligates nuisance if, with skill, or supposed skills of nuisance primarily
done by another and holder of land fails to adopt rational pace to finish nuisance within a normal
period of time17. This rule is reluctant to levy an obligation on one person to put restriction of the
activities of another person, whom they have no basic obligations. In other words, it can be said that
there is no duty of one person to put restriction or place control over the activities of another
person18.
Generally, the lessor (who leased the property to tenant) does not have any obligation for nuisance
made by tenant. The same rule is applied by the court in case of Rich v Basterfield and Harry V
James19. Further, he is not obligatory to close tenancy agreement when he/she finds that occupant is
initiating nuisance, as per the judgment is given under case Sykes v Connolly20. Moreover, as per
the case of Smith v Scott, owner of the property has not any obligation made by tenant until he rent
property for an objective those results in nuisance.
15Sean Roberts,. ‘Changes to Realworks property management forms.’ (2018) REIQ Journal 25.
16Alex Lazar. ‘Home-Sharing in South Australia: Protecting the Rights of Hosts, Guests, and
Neighbours.’ (2018) UniSA Student Law Review 3
17Lucy Cradduck, and Blake Andrea. ‘Submission to the Housing Legislation (Building Better
Futures) Amendment Bill 2017.’(2017).
18Kim Coffey. ‘Tenant breaches... why Form 11 and Form 12 are not the whole story.’ (2017) REIQ
Journal 26.
19Rich v Basterfield [1847] 4 CB 783
20Sykes v Connolly [1895] 11 WN (NSW) 145

Application of legal rules
The case of respondent contrary to the applicant is based on the obligation of the applicant to take
actions to ease the nuisance made by the tenant was inappropriate unless they proved that applicant
let the premises for an objective compute to cause a nuisance. Before 2004, there was no proof that
claimant leased property to Mr Maru and Ms Broome to make nuisance. Therefore, it was held that
applicant has no obligation for nuisance made during agreement of rent with Mr Maru and Ms
Broome, which finished in October 2004. Further, nuisance created after October 2004, the
applicant would be liable only if she authorized nuisance in an expressed manner or she let the
property for the purpose which assists in nuisance. The co-owner did not have any cause to finish
rental agreement with Mr Maru and Ms Broome. Further, they did not have free proof of the
complaints created by respondent. It was concerned that complaints might be unreasonable and
affected by racial prejudiced. Renting of the premises to them was not considered as authorization
for nuisance or that nuisance was determined to outcome from rental agreement. By the application
of the legal principle it was held that claimant is not liable for damages in nuisance created by her
tenants after October 2004.
Conclusion
It is a general rule that tenant cannot make any interfere with the right to use or enjoy the property
of neighbor. But in the given case, law does not take responsibility of landlord to neighbor even if
there is an agreement in the lease, which assisting the tenant not to make any affect with comfort,
peace, and privacy of tenant except if owner expressly permitted the nuisance or it let for purpose
that is close to nuisance21. In the given case, it has been seen that the applicant did not let property
for nuisance purpose, or expressly permitted nuisance. Therefore, it was held that there is liability
for applicant to pay damages.
PART 3
In the given case, Sia (Lessee), leases a house under the standard residential tenancy agreement.
However, three months before this property was listed for sale, and it captures the interest of several
buyers. The owner of the property is taking several prospective purchasers through the property
minimum three times a week. Due to this, Sia thinks that visiting people three times in a weak assist
in interference of enjoyment of the property.
21Sean Roberts. ‘Changes to Realworks property management forms.’ (2018) REIQ Journal 25.

In Queensland, The Residential Tenancies and Rooming Accommodation Act 2008 contains the
rules and regulations related to letting a place to reside in Queensland. These norms described the
information on application of Act at the time when lessor or agent wishes to come in the premises 22.
According to this Act, lessor or agent should be entering only at the time when tenant is present.
Further, if tenant is not agreed with entry by the lessor, then lessor can enter into premises after
giving proper notice, and the access is at a rational period of time.
If lessor wants to sell premises, then he can enter into premises with prospective buyer only after
giving the Notice to leave in Form 12, or present tenant offered Notice of Intention to leave in form
13 to the lessor. Further, it is required to give entry notice by lessor before the 24 hours of entry23.
In addition to this, a lessor or agent only come into premises to show property to prospective
purchaser if a Notice of intention to sell premises by lessor was given before or at the time of entry
notice in form 10.
The selling agent of property should give entry notice before 24 hours of entry. In case if tenant
does not have any information regarding selling agent, then they can make a request for written
proof of their evidence from the lessor before entry24. In addition to the above, there are also some
conditions for restricting the entry by lessor or selling agent, which are prescribed as below –
 On the basis of agreement by the tenant, the lessor or agent can come into premises only on
Sunday or public holiday within the time of 6 pm to 8 am.
 On the entry notice, lessor or selling agent should specify two hour time during which they
expect to come into the property.
 Unless tenant gives his permission, lessor or selling agent are not permitted to the expected
buyer to come in the premises.
 Normal examination is allowed only for once in three months.
If the tenant of premises feels that their right to the pleasure of the premises being breached because
of entry by lessor or selling agent, then they should discuss with lessor or selling agent, if they do
22Lucy M Cradduck,. ‘Submission to Queensland's" Open Doors to Renting Reform review’ (2018).
23MCKEE, WORDS BY CONNIE. ‘What you need to know about section 206 and section 242 of
the RTRA Act.’ (2018).
24Andrew Persijn,.‘Property manager successful on appeal regarding mitigation of
loss.’( 2016) REIQ Journal 32.

not reach a mutual understanding, the tenant can provide notice to remedy the breach to the lessor
or selling agent.
In the given case, it is provided that the lessor enters into premises three times in a week, which is
not allowed according to the above-prescribed rules. Further, it is advisable to Sia to discuss with
the lessor, and if he cannot understand then she should give notice to remedy breach in form 11.

BIBLIOGRAPHY
Books and Journals
Christensen, Sharon A., and William D. Duncan. ‘Sharing your home in Queensland: Host, landlord
or innkeeper.’ Property Law Review 6.2 (2016)
Coffey, Kim. ‘Tenant breaches... why Form 11 and Form 12 are not the whole story.’ REIQ
Journal Nov 2017 (2017)
Cradduck, Lucy M. ‘Submission to Queensland's" Open Doors to Renting Reform review’ (2018)
Cradduck, Lucy, and Andrea Blake. ‘Submission to the Housing Legislation (Building Better
Futures) Amendment Bill 2017.’ (2017).
Duncan, William D., and Sharon Christensen. Real Estate Agency Law in QLD. (Thomson Reuters,
2016.)
Gapes, Michael. ‘Starting out on the right foot: How to commence new managements and
tenancies.’ REIQ Journal Mar 2016 (2016)
McKee, Connie. ‘Is it law, is it lawful or is it best practice?.’REIQ Journal Sep 2017 (2017)
MCKEE, WORDS BY CONNIE. ‘What you need to know about section 206 and section 242 of the
RTRA Act’ (2018).
Newell, Carter. ‘Ending a Residential Tenancy Agreement.’ REIQ Journal Sep 2017 (2017)
Newell, Carter. ‘Landlord disputes extent of costs and expenses incurred by property manager.’
REIQ Journal Feb 2018 (2018)
Newell, Carter. ‘What property managers should do when a residential property is abandoned.’
REIQ Journal Mar 2018 (2018)
O'Connell, Glenn, and Andrew Dibden. ‘Student accommodation as an eligible investment business
‘Taxation in Australia 51.8 (2017)
Persijn, Andrew. ‘Lessor's obligations-When is a premises fit to live in and in good repair ‘REIQ
Journal Oct 2018 (2018)

Lazar, Alex. ‘Home-Sharing in South Australia: Protecting the Rights of Hosts, Guests, and
Neighbours.’UniSA Student Law Review 3 (2018).
Persijn, Andrew. ‘Property manager successful on appeal regarding mitigation of loss.’ REIQ
Journal Oct 2016 (2016)
Persijn, Andrew. ‘QCAT update: Interpretation of the Residential Tenancies and Rooming
Accommodation Act 2008 (Qld)’ REIQ Journal Apr 2015 (2015)
Roberts, Sean. ‘Changes to Realworks property management forms ‘REIQ Journal Dec 2018
(2018)
Legislation
Residential Tenancies and Rooming Accommodation Act 2008
Online
"Rent In Rooming Accommodation Fact Sheet", Residential Tenancies Authority (Webpage, 2019)
<https://www.rta.qld.gov.au/Forms-and-publications/Fact-sheets/Rooming-accommodation-fact-
sheets/Rent-in-rooming-accommodation-fact-sheet>
"Student Accommodation As An Eligible Investment Business |
Lexology", Lexology.Com (Webpage, 2019) <https://www.lexology.com/library/detail.aspx?
g=12d8ff28-ce95-41ea-b838-5dbdad4a2512>
Case laws
Rich v Basterfield [1847] 4 CB 783
Sykes v Connolly [1895] 11 WN (NSW) 145