Tenant Article Display

12

January

2017

Natural Disasters

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After a natural disaster, property managers or owners and tenants should talk to each other as soon as possible to discuss the state of the rental property and determine if any action needs to be taken.

If repairs are required, it is usually the property manager or owner’s responsibility to organise and pay for repairs. They should negotiate with the tenant to find a suitable time for the repairs to be done.

If the property has been affected and it is agreed the tenant can continue to live there, in some cases the tenant and manager or owner may choose to negotiate a rent reduction.

If the property is considered unliveable and the tenant has to live elsewhere for a short period while the property is being fixed, the property owner or manager and tenant can negotiate amendments to their agreement regarding rent payments for that period.

The property owner or manager is not allowed to evict the tenant in favour of another tenant who will pay higher rent. Heavy penalties apply.

If the property becomes unsafe to live in, either the tenant or the property manager or owner has to officially end the tenancy agreement by issuing the relevant form.

If the property manager or owner asks the tenant to leave but the tenant wants to stay, the tenant can dispute the request to leave.

But if the property is deemed unliveable and the tenant refuses to leave the lessor can  apply to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order due to failure to leave.

In all the above cases, if direct negotiations between the property manager or owner and tenant are not successful, the RTA offers practical solutions for self-resolution plus a free dispute resolution service.

If cases still cannot be resolved, matters can be decided by QCAT.

Source:RTA

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