Queensland Numbered Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 52

52 Replacement of ss 83 and 84

Sections 83 and 84 —
omit, insert—

83 How rent is to be paid

(1) A tenant must pay the rent in a way stated in the residential tenancy agreement.

(2) The lessor or lessor’s agent must ensure—

(a) the residential tenancy agreement states at least 2 ways for the tenant to pay the rent; and

(b) at least 1 of the ways for the tenant to pay rent stated in the agreement—

(i) does not incur any cost to the tenant in addition to bank fees or other account fees usually payable for the tenant’s transactions; and

(ii) is reasonably available to the tenant.

(3) This section applies subject to sections 84 and 84A.

84 Changes to way rent to be paid by agreement

(1) This section applies if, after signing a residential tenancy agreement—

(a) the lessor or tenant gives the other party a written notice changing 1 or more of the ways in which rent is to be paid under the agreement; and

(b) the other party agrees in writing (the
"rent agreement" ) to payments of rent being made in the stated way.

(2) While the rent agreement remains in effect, the stated way under the rent agreement applies despite the residential tenancy agreement.

84A Changes to way rent to be paid—no agreement

(1) This section applies if, after signing a residential tenancy agreement, the lessor or lessor’s agent intends to change the way the tenant is required to pay the rent under the agreement, other than by agreement under section 84.

(2) The lessor or lessor’s agent must give the tenant a written notice stating a choice of at least 2 other ways for the payment of rent, including a way that—

(a) does not incur any cost to the tenant in addition to bank fees or other account fees usually payable for the tenant’s transactions; and

(b) is reasonably available to the tenant.

(3) From the day that is 14 days after the tenant is given the notice, the tenant must pay the rent in a way stated in the notice.

84B Tenant must be advised about associated costs and benefits

(1) A lessor or lessor’s agent must comply with subsection (2) and (3) before—

(a) a tenant enters into a residential tenancy agreement; or

(b) a tenant enters into a rent agreement under section 84; or

(c) a notice is given to the tenant under section 84A.

(2) The lessor or lessor’s agent must give the tenant a written notice advising the tenant of the costs that are associated with the ways to pay rent offered to the tenant if—

(a) the tenant would not reasonably be aware of the costs; and

(b) the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

Penalty—

Maximum penalty—40 penalty units.

(3) Also, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.

Penalty—

Maximum penalty—20 penalty units.