Housing Legislation Amendment Act 2021 (Qld)

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Housing Legislation Amendment Act 2021.

2   Commencement

The following provisions commence on a day to be fixed by proclamation—

(a)chapter 2, part 3;

(b)sections 98 and 100;

(c)schedule 1, part 2.

Chapter 2    Amendment of Residential Tenancies and Rooming Accommodation Act 2008

Part 1    Preliminary

3   Act amended

This chapter amends the Residential Tenancies and Rooming Accommodation Act 2008.

Note—

See also the amendments in schedule 1.

Part 2    Amendments commencing on assent

4   Replacement of s 110 (Application of pt 3)

Section 110—
omit, insert—

110   Application of part

(1)This part applies to rental bonds—

(a)paid for residential tenancy agreements; or

(b)paid for rooming accommodation agreements; or

(c)paid by boarders and lodgers.

Note—

See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger.

(2)For the purpose of applying this part to a rental bond paid by a boarder or lodger—

(a)a reference to a resident is taken to be a reference to the boarder or lodger; and

(b)a reference to a provider is taken to be a reference to the person providing the accommodation to the boarder or lodger; and

(c)a reference to a rooming accommodation agreement is taken to be a reference to the arrangement under which accommodation is provided to the boarder or lodger.

5   Amendment of s 111 (Meaning of rental bond)

(1)Section 111(1)—
omit, insert—

(1)A rental bond is an amount—

(a)for a residential tenancy agreement—

(i)paid by or for the tenant under the agreement; and

(ii)intended to be available for the financial protection of the lessor against the tenant breaching the agreement; or

(b)for a rooming accommodation agreement—

(i)paid by or for the resident under the agreement; and

(ii)intended to be available for the financial protection of the provider against the resident breaching the agreement.

(2)Section 111(3)(d), ‘agreement or arrangement’—
omit, insert—

residential tenancy agreement or rooming accommodation agreement

6   Replacement of s 113 (Contributor for a rental bond)

Section 113—
omit, insert—

113   Who is a contributor for a rental bond

(1)A person is a contributor for a rental bond for a residential tenancy agreement if—

(a)for an agreement with 1 tenant—the person is the tenant; or

(b)for an agreement with more than 1 tenant—

(i)the person is 1 of the tenants; and

(ii)the authority is satisfied the person is responsible for payment of all or part of the bond.

(2)A person is a contributor for a rental bond for a rooming accommodation agreement if—

(a)for an agreement with 1 resident—the person is the resident; or

(b)for an agreement with more than 1 resident—

(i)the person is 1 of the residents; and

(ii)the authority is satisfied the person is…