In some situations, you may be entitled to a rent decrease. You can negotiate a rent decrease directly with your lessor, agent or provider, or seek an order from the Tribunal. Under the Act you may be eligible for a rent decrease in the following situations:
In residential tenancies:
- Services, facilities or goods that are part of the agreement become unavailable or are withdrawn (other than because of a breach by you).
- The amenity or standard of the premises substantially decreases (other than because of malicious damage by you).
- The premises can no longer be lawfully used as a residence or is compulsorily acquired by an authority. In rooming accommodation:
- Because your room or the common areas become partly unfit to live in or their amenity or standard substantially decreases (other than because of your intentional or negligent behaviour)
- Because a service provided under the agreement becomes unavailable, or the standard of the service substantially decreases (other than because you have failed to meet your obligations under the agreement).
- Residents in rooming accommodation can seek a rent reduction if they are absent from the premises and no longer receive a personal care or food service. For a rent reduction relating to a food service, the absence must be longer than two continuous weeks.
In any of these situations, you should try to negotiate a reduced rent with your lessor, agent or provider.
It’s a good idea to put your request in writing and keep a copy. If you can’t reach an agreement, you can apply to the RTA Dispute Resolution Service for conciliation.
You will need to complete a Dispute Resolution Request form and send it into the RTA. If the RTA cannot help you to reach an agreement, you will be sent a Notice of Unresolved Dispute. You can then apply to the Tribunal for a non-urgent hearing about the rent decrease.
Residential Tenancies Authority (RTA)
The RTA is the government authority that oversees renting laws in Queensland. The RTA provides information and services for tenants, lessors, agents, providers and residents. RTA forms are available from Australia Post Offi ces, online at www.rta.qld.gov.au or Ph: 1300 366 311
Information supplied courtesy of the Tenants Union of Queensland Inc
Further information and advice for Queensland tenants can be sourced from www.tenantsqld.org.au