Making minor personalisation changes

1. Status quo + Education

No change is made to Queensland’s laws. Renters need the rental property owner’s permission to change the rental property and this consent cannot be unreasonably withheld.

Education

Developing resources and education materials could help renters and rental property owners to negotiate and agree what changes a renter may make to the rental property. These materials could provide information about what may be considered a minor change or when withholding permission may be reasonable or unreasonable. These materials could help rental sector stakeholders assess the risks and benefits of common minor personalisation changes and guide their decision making.

2. Guide discretion

Amend Queensland’s rental laws to provide more guidance to support renters and rental property owners to agree changes that can be made to the rental property.

Renters would continue to require rental property owner permission to make changes.

Rental property owners could not unreasonably refuse permission for renters to make minor personalisation changes to the rental property. It would be unreasonable for a rental property owner to refuse permission if:

• the change would not
  • breach a law or by-law
  • expose the renter or another person to health or safety risks that cannot be controlled or addressed
  • significantly change the structure, layout, or nature of the property
  • require change to be made to other residential properties or common property in managed
  • communities
  • create a reasonable risk of causing significant damage to the property
  • cause additional maintenance costs for the rental property owner, and
  • jeopardise the license of the provider to operate rooming accommodation and/or the safety of other
  • renters in the rooming accommodation.
• the change would be reasonably practicable to remove for the property to be returned to substantially the same condition as before the change was made.

Renters must return the rental property to substantially the same condition as before the change was made to the extent it is reasonably practicable to do so unless the rental property owner agrees to retain the change as an improvement to the rental property. If the change is retained the parties may agree an amount the renter will receive from the rental property owner as compensation for the improvement to the rental property for example where the renter paid for the changes to be made.

Renters would continue to be liable for the costs to repair any damage caused to the property when installing or removing a change they make and/or be compensated for any modifications remaining that could be considered an improvement or adding value to the property.

3. Limit discretion

Amend Queensland’s rental laws to specify changes a renter can make that do not require the rental property owner’s permission and require a rental property owner to seek an order from a Tribunal to prevent the change being made.

Renters must notify rental property owners of their intention to make a specified change at least 14 days before the change is made. Rental property owners must inform the renter of their intention to seek a Tribunal order to prevent the change from being made within 14 days of receiving the renters’ notification.

Rental property owners must apply to the Tribunal for the order within 28 days of notifying the renter of their intention to do so. If the rental property owner fails to apply for the order within this period, the renter may proceed to make the change.

Changes that do not require rental property owner permission to make would be stated in a Regulation and could include:

• installing or replacing hooks, nails or screws for hanging paintings, picture frames and other similar items
• installing a phone line or internet connection
• planting vegetables, flowers, herbs or shrubs if existing vegetation and plants do not need to be removed
• applying shatter-resistant film to window or glass doors, or
• making changes that don’t penetrate a surface or permanently modify a surface, fixture or structure of the property.

Renters must return the rental property to substantially the same condition as before the change was made to the extent it is reasonably practicable to do so unless the rental property owner agrees to retain the change as an improvement to the rental property. If the change is retained the parties may agree an amount the renter will receive from the rental property owner as compensation for the improvement to the rental property.

Renters would continue to be liable for the costs to repair any damage caused to the property when installing or removing a change they make.