Mandatory building and pest inspections for rental property - Queensland - RTRA Act review

Item 1.25 Standard of premises s 185

Partly supported – clarifying needed

The policy recommended is not clear in its intention. It is understood that the policy has derived from the Diefenbach inquest coroner recommendations; with particular reference to Coroner Hennessey’s recommendation 5 (part of), 6 and 11

It is difficult to morally dispute the intentions of the policy with the view to increasing the existing provisions of section 185.

Safety of tenants and safe housing is a fundamental right for all. It must be said that the vast majority of lessors and agents aspire to ensure their properties meet legislative provisions. In recent years investors obligations have increased greatly. Legislation has been introduced to increase safety in rental properties in the following areas;

·        Pools

·        Safety switches

·        Smoke alarms

·        Curtain blinds and cords

There are already legislative provisions in the Act that clearly state lessor obligations to ensure that the property is safe and fit to live in; plus equally as important, tenants’ have options and rights should the lessor be in breach of the legislation.

The Diefenbach tragedy is an event that has shaken the industry greatly. Real Estate Excellence presented the report and best practice recommendations to over 1000 property managers in Queensland in October and November 2012. The education about this matter will continue for many years to come.

It must be said that generally speaking all property managers who attended the training and Real Estate Excellence Members supported many of the recommendations by the coroner. Given the uncertainty of specifically the policy intent, it is difficult to comment further in detail in this regard.

Given the likelihood of mandatory building and pest inspections forming part of the review, Real Estate Excellence recommends the following

·        Further consultation with more detail to be provided to the sectors

·        Cost analysis studies are undertaken in relation to costs to investors and possible flow on costs to tenants

·        Focus group meetings with relevant parties including the BSA (Building Services Authority) are undertaken

·        Further qualification (if appropriate) from the Coroner as to recommendation and expectation

The Diefenbach inquest findings were only handed down at the end of September 2012. The Act review has following closely after the inquest report.  Further consultation and consideration is recommended to be undertaken on this matter to ensure a reasonable outcome for all parties.
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