Balancing privacy and access

1. Status quo + Education

No change is made to Queensland’s laws. Current entry rules will be retained and Queensland’s rental laws will continue not to regulate the rental application process.

Education

Resources and materials could be developed in consultation with the residential rental sector to improve understanding about:

the purpose and impacts of entry
entry rights and obligations
guidance about better entry practices
privacy considerations for entry
what information may be appropriate and relevant to assess prospective renters’ suitability, and
guidance about better practices for the collection, use and handling of renters’ personal information.

These materials would raise parties’ understanding and awareness about potential impacts and risks of entry and privacy, provide guidance about better practices to improve tenancy relationships and outcomes, and suggest solutions or pathways to manage common problems.

2. Balancing access and privacy

Amend Queensland’s rental laws to:

provide more guidance about conducting entry to the rental property during a tenancy, and
protect renters’ personal and information privacy.

Entry

Renters’ right to reasonable peace, comfort and privacy and rental property owners’ entry rights will be adjusted to strike a more appropriate balance that better protects renters’ privacy while ensuring rental property owners can access the information they need to make informed investment decisions.

Rental property owners can conduct general inspections no more frequently than once every three months and must provide renters at least 7 days written notice of the proposed entry. The first general inspection may not be carried out within the first three months of a tenancy commencing.

In determining how frequently to conduct general inspections the rental property owner must consider the:

current and intended length of the tenancy for both parties
renter’s rental history, and
condition of the rental property, including compliance with health and safety laws.

Renters must allow at least one physical general inspection to be carried out annually but may request further general inspections be carried out by:

virtual inspection using electronic means to conduct a visual inspection of the rental property
video conference with the managing party, or
the renter giving the managing party access to photographs or video of the rental property and its inclusions of sufficient visual quality to enable the managing party to judge the condition of the rental property.

Existing entry grounds provided for rental property owners in Queensland’s rental laws will be retained and an additional ground provided to allow inspections required under a contract for the sale of the rental property to be undertaken, such as a mortgage valuation, building and/or pest inspection and pre-settlement inspection.

The notice renters must be provided for entry on grounds other than general inspection will be extended from 24 hours to 48 hours, unless existing provisions altering the notice requirements apply (see sections 193(2) to 193(4) of the RTRA Act).

Privacy

Rental property owners and managers must take reasonable steps to ensure the renter’s privacy is protected during entry, including by not interfering with the renter’s reasonable peace, comfort and privacy.

Unreasonable interference would include:

frequent entry to the premises for unnecessary repairs or unrequested services that the renter does not agree with taking photographs during inspections that are unnecessary to record premises condition or compliance with tenancy obligations, particularly if images taken include the renter’s personal possessions and living standards
excessive entry to show the rental property to prospective buyers or renters, and/or
not taking reasonable steps to accommodate renter’s request to be present during entry.

Rental property owners and managers must ensure any photographs containing images of the renters’ personal possessions or standard of living are securely stored and accessed only for the purposes of tenancy management by the owner or their agent unless the renter agrees otherwise.

Rental property owners and managers must ensure information collected from prospective renters through the application process is securely stored and/or destroyed and accessed only for the purposes of assessing tenancy suitability by the owner or their agent unless the renter agrees otherwise.

Renters must be given choice about how they will submit a rental application, including in hard copy or via email, and cannot be required to use an online or third-party platform. Renters can meet identify verification requirements by allowing the rental property owner or their agent to access or sight original identity documentation rather than providing a copy or image of the documentation.

3. Limit intrusion

Amend Queensland rental laws to:

limit entry frequency and extend required notice
limit the information a renter can be asked to provide during a rental application process, and
protect renters personal and information privacy.

Entry

Rental property owners may only conduct entry to undertake a general inspection of the rental property once every 6 months and must provide the renter with at least 10 business days written notice of the proposed entry. The first general inspection may not be carried out within the first three months of a tenancy commencing.

Renters must allow at least one physical general inspection to be carried out annually but may request further general inspections be carried out by:

virtual inspection using electronic means to conduct a visual inspection of the rental property
video conference with the managing party, or
the renter giving the managing party access to photographs or video of the rental property and its inclusions of sufficient visual quality to enable the managing party to judge the condition of the rental property.

The notice renters must be provided for entry on grounds other than general inspection will be extended from 24 hours to 72 hours, unless existing provisions altering the notice requirements apply (see sections 193(2) to 193(4) of the RTRA Act).

The rental property owner or their agent must give the renter at least 14 days notice of their intention to sell the rental property before entry to show the rental property to prospective buyers is proposed. The rental property owner or their agent may enter the rental property to take advertising photos or videos if they give the renter at least 7 days written notice and make reasonable attempts to agree a suitable time with the renter for this entry to occur.

Entry to show the rental property to prospective buyers or renters can be exercised up to twice per week and the renter must be provided with at least 72 hours written notice. Rental property owners or their agent must make reasonable efforts to agree suitable days and times for entry to show the rental property to prospective buyers or renters to occur.

Renters will be entitled to compensation if any of their possessions are damaged or stolen during any right of entry.

Privacy

Rental property owners and managers must not interfere with the renter’s reasonable peace, comfort and privacy by taking reasonable steps to:

ensure entry is only undertaken to complete necessary repairs or provide services requested by the renter, and
accommodate renters request to be present during entry.

Renters can object in writing to the taking of photos or video that may identify a person living at the rental property who is at risk of domestic and family violence. Renters may also object in writing to the taking of advertising photos or video that may:

directly identify or reveal sensitive information about someone living at the rental property
shows valuable possessions and would increase the risk of theft, or
would be unreasonable to expect the renter to remove or conceal.

If the renter objects to photos or video as outlined above, the rental property owner or their agent cannot produce or use the advertising material identified in the objection. The renter can ask to review and approve advertising photos or video before they are used, and this material cannot be used unless the renter provides written consent. The rental property owner or their agent must get the renter’s consent to advertise using photos or videos taken for other purposes or advertising photos or videos showing a renter’s possessions more than 12 months after the photo or video was taken.

Rental property owners and managers must ensure any photographs containing images of the renters’ personal possessions or standard of living taken during entry for purposes other than advertising the rental property for sale are securely stored and accessed only for the purposes of tenancy management by the owner or their agent unless the renter agrees otherwise.

Rental property owners and managers cannot request information from prospective renters in rental applications about:

disputes or legal action against a rental property owner or manager that the prospective renter has been involved with bond refund disbursements in previous tenancies
financial statements that show transactions made by the prospective renter, or
information about protected attributes under the Anti-Discrimination Act 1991, unless it is necessary to collect this information to determine a prospective renter’s suitability for accommodation that is exempted for discrimination in the accommodation area under the Anti-Discrimination Act 1991.

Rental application forms used in Queensland must include information that educates people about unlawful discrimination.

Renters must be given choice about how they will submit a rental application, including in hard copy or via email, and cannot be required to use an online or third-party platform.

Renters can meet identify verification requirements by allowing the rental property owner or their agent to access or sight original identity documentation rather than providing a copy or image of the documentation.

Consultation has concluded