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Queensland New Legislation | What is a Bedroom?

white and grey bedroom

Although the answer to this seems relatively straightforward, it can become quite intricate and complex from a smoke alarm compliance point of view.

With an increase in multi-generational living and more young adults opting to live at home with their parents for longer, traditional bedrooms are not so ‘traditional’ anymore. Garages or media rooms with no windows are now more commonly converted into spaces in which people sleep, in order to accommodate extra occupants in a home.

Why do we need to define the conditions of a bedroom, you ask?

Strict new smoke alarm legislation means Queensland households will become the safest in the country and ensures occupants will be alerted to house fires as early as possible, with the new mandate for additional, interconnected photoelectric style smoke alarms required to be installed in bedrooms and other key areas of properties.

Now that smoke alarms are required in every bedroom in a house, it is now imperative we have a crystal clear description of what constitutes a bedroom, so we install the correct number and type of smoke alarms in a property to meet new compliance standards and ensure the highest level of safety.

In order to ensure consistency across the board, Smoke Alarm Solutions have created a very clear definition of a bedroom, which can be located on our website in our Terms of Service.

Smoke Alarm Solutions defines a bedroom as a habitable room that:

  • is enclosed by a door, and
  • has a window or skylight, and
  • has walls that meet the ceiling, and
  • has a built in wardrobe, where the property has built-in wardrobes

The ceiling height in a room will have no impact on whether it is classified as a bedroom or not because many Queensland properties have rooms with ceilings lower than the standard 2.4 metres and tenant safety is the number one priority.

In order to ensure transparency for landlords, when we discover a space is being used as a room in which people sleep but does not meet our definition of a bedroom, we will notify them via our Compliance Report and recommend the installation of additional smoke alarms to enhance the safety of the property’s occupants.

We believe our definition will reduce any confusion or grey area for our property managers and property owners whilst ensuring compliance to the new Queensland smoke alarm legislation.

Important Stats

  • 31% of all the properties we attended in November that had attempted to upgrade to the 2022 legislation using 3rd party provider failed to comply.

  • 43% of smoke alarms were non-compliant to the Australian Standard 3786:2014.

  • 23% of smoke alarms were non-compliant as they were installed at the wrong distance from lights, fan blades, air conditioning vents, and walls.

Source: https://www.smokealarmsolutions.com.au/what-is-a-standard-bedroom

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Three Misconceptions About the Queensland Smoke Alarm Legislation

smoke alarm

By now, most people should be aware of the new legislative requirements regarding smoke alarms in Queensland properties. However, three main misconceptions are surrounding these new laws.

The first misconception is the possible extension of the time frame. Now there’s no indication from the government that they are looking to grant a time extension so the deadline of 1 January 2022 is absolutely the date that people are to work towards.

The second misconception is that we have plenty of time. 1 January 2022 sounds far away but it’s not. Especially when you consider that there are around 566,000 rental properties in Queensland and a limited number of skilled electricians to conduct the work, the reality is that the deadline is just around the corner.

The issue of skilled electricians leads to the third misconception, which is that there are plenty of skilled electricians out there to undertake this work. But again, the reality is that we have a shortage of skilled electricians who understand the new legislative requirements.

Our concern is that people are waiting and that we won’t have enough time to meet the pending deadline if people don’t act today.

Not meeting the deadline does present some serious risks to property owners. If you are looking to rent your property, you will not be able to do so if it doesn’t have compliant smoke alarms by 1 January 2022. Similarly, if you are looking to sell your property it will negatively impact the sale process. Therefore, property owners must have compliant smoke alarms by the deadline.

The REIQ is very passionate about this legislation and that is because, at its core, this legislation is about saving lives. There is no Queenslander, there is no Australian who wants to see people losing their lives in house fires. Because of this, it is incredibly important [that] everybody supports these legislative reforms.

Source: https://www.smokealarmsolutions.com.au/three-misconceptions-about-the-queensland-smoke-alarm-legislation

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Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 – Information for Queensland’s Residential Rental Sector

Covid-19 Emergency Written on Red background

Passed on 24 April 2020, the Residential Tenancies and Rooming Accommo-dation (COVID-19 Emergency Response) Regulation 2020 contains provisional amendments to support tenants and landlords during the COVID-19 emergency.

The regulation, which will be in effect during the COVID-19 emergency period and will end on 31 December 2020, applies to residential tenancy agreements signed before or after 29 March 2020, and landlords, tenants and their agents involved in those agreements.

[View PDF of the COVID-19 Response Regulation]

Here are some of the Act’s implications on people with a residential tenancy agreement in place:

Moratorium on evictions

A landlord (and its agents) are not allowed to evict a tenant for failure to pay rent if: the tenant is experiencing extreme hardship caused by the COVID-19 pandemic.

If they do, the landlord will incur an offence bearing a maximum penalty of 50 penalty points, or equivalent to $6,672.50 at present.

But a landlord is permitted to evict a tenant because of:

  • Any other reason that would be allowed under the RTRA Act, for example, failure to remedy a violation within the allowed remedy period;
  • Failure to pay rent for reasons other than severe difficulties brought about by the COVID-19 crisis.
  • The landlord giving the tenant notice to leave or applying to QCAT for an or-der ending the Tenancy Agreement before 29 March 2020.

The curb on evictions starts from 29 March 2020 and ends on the earlier of a) 39 September 2020; b) the last day of the COVID-19 emergency period, which started on 29 January 2020 and will end when the relevant Minister deems the public health emergency over under section 324 of the Public Health Act 2005 (Qld).

Extending of fixed-term tenancy agreements

If a fixed-term tenancy agreement will terminate on or before 29 September 2020 and the tenant is having a very hard time due to the COVID-19 emergen-cy, the landlord is required to offer the tenant an extension of the term until 30 September 2020 and the offer must be offered prior to the termination of the term of the tenancy agreement.

The tenant is not required to pay any costs that the landlord may incur because of the extension.

If the landlord fails to offer an extension, the landlord will incur an offence equal to the maximum penalty of 50 penalty points.

However, if the tenancy agreement ended before 29 March 2020, the landlord is not required to offer the tenant a term extension, unless the landlord’s notice to leave, or the tenant’s notice of intention to leave is not valid, or the QCAT application is disapproved.

Unpaid rent

If the tenant is provided a show case notice for unpaid rent, the tenant is re-quired to do either of the following within 14 days after receiving the notice: a) pay the unpaid rent; or b) inform the landlord the rent is unpaid because the tenant is experiencing excessive hardship due to the COVID-19 emergency.

Tenancy variation agreements

A tenant and landlord are permitted to enter into an agreement for a rent re-duction for a specific period or a payment plant for unpaid rent, each of which is considered a tenancy variation agreement.

This agreement must be in the approved form and be signed by both the land-lord and the tenant.

Failure to leave due to unpaid rent

If a landlord provides the tenant a notice to leave due to an unremedied breach; and files an application with the QCAT for a termination order due to the ten-ant’s failure to evacuate –

QCAT is bound by the regulation not to approved the landlord’s application if: the unremedied breach concerns the unpaid rent; and the rent is not paid be-cause the tenant is experiencing extreme hardship due to the COVID-19 emergency.

Virtual inspections

A landlord or its agents are only allowed to inspect the premises or to show them to prospective buyers or tenant through:

  • Virtual inspection: an electronic way of conducting visual inspection
  • Video conferencing
  • Providing access to photos or videos sufficient to allow a judgment to be made on the state of the premises.

For more important provisions relating to residential premises under the newly passed Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020, visit: https://www.legislation.qld.gov.au/view/pdf/asmade/sl-2020-0057

 

 

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Tenancy reforms: Landlord Insurance through AON includes pet cover

pet owner embracing her dogDear Property Manager,

You probably already know that rental regulations around Australia will be changing in 2020. The specifics and timings differ across the states and territories, but key changes being implemented include giving tenants more control over their environment such as fewer restrictions on keeping pets.

We wanted to reassure you and the landlords you look after that Aon’s Landlord Insurance includes damage by pets to building and contents, flood and clean-up costs associated with illegal drug production(*). Optional cover is available for(*):

  • Loss of rent
  • Damage or theft of contents by tenants
  • Liability cover

For more information about Aon’s Landlord Insurance, give us a call on 1800 105 590 or visit aon.com.au/agentsportal.

*Subject to full policy terms, conditions and exclusions.

Source: http://aonunited.com/

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COVID-19 Update from Lord Mayor of Brisbane Lord Adrian Schrinner

covid-19 updates spelled on black backgroundAdrian Schrinner, Lord Mayor of Brisbane, discusses what the Brisbane City Council is doing to make sure residents remain safe amid the #coronavirus outbreak.

Transportation and commuting

The Council has initiated new safety measures on Brisbane buses, ferries and CityCats, including payment by Go Card only as well as rear-door boarding on Brisbane buses to protect passengers and drivers from Coronavirus.

Nightly sanitisation of Council’s entire fleet is ongoing to allow residents to travel with confidence.

Residents who are moving around Brisbane on buses are urged to do so with caution by following social distancing rules.

Council is no longer allowing people to sit in the front passenger seat next to the driver.

For pedestrians, the Council has also programmed hundreds of inner-city traf-fic signals to run automatically 24/7, so people don’t have to press the button to get a green light.

Council Rates

If you, a loved one, or a local business are struggling to pay Council rates on time, please speak to the Council. There are several ways it might be able to assist you during this difficult time. The Council is here to help where it can those who are experiencing genuine hardship. There is no way of knowing how long or how far this crisis will extend.

Parking

The Council has asked parking inspectors to show leniency at this time and only issue warnings unless there is a serious safety issue.

Covid-19 Hotline Numbers for Brisbane Australia

Changes to Council facilities, events and services will continue to be reported to its website, (www.brisbane.qld.gov.au). You can also discuss Council assistance options by calling 3403-8888.

For the most up to date health advice, visit health.gov.au or call the Common-wealth Government Coronavirus Hotline on 1800 020 080.

Source:https://www.linkedin.com/posts/brisbane-city-council_brisbane-activity-6648462020289024000-vx3g

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Coronavirus QLD: Treasurer Jackie Trad reveals emergency rental assistance payment of up to $500 a week

Covid-19 spelled using pills on dark blue background

PREMIER Annastacia Palaszczuk said Parliament would be recalled to push through legislation protecting renters.

New laws are needed to instate a national moratorium on rental terminations to protect tenants who have lost their jobs.

Ms Palaszczuk said she did not know the date as it would depend on when legislation was ready.

However, she said the Parliament would only be recalled to deal with urgent COVID-19-related legislation.

It comes after Treasurer Jackie Trad said she understood people were “incredibly fearful” that they may not be able to pay their rent and pledged that the government will backdate the eviction moratorium in Queensland to March 29.

In a live Q&A streamed on Facebook, Ms Trad said the state government had set up a grant program that offers an emergency rental assistance payment of up to $500 a week, for up to four weeks, for Queenslanders who cannot make rent.

“That is pretty obvious out there in the community that people are incredibly fearful about having an income and being able to make rent, being able to put food on the table, being able to make other sorts of cost-of-living obligations like utility bills,” Ms Trad said.

“We have in fact set up a grants system for those people in the private rental market, so where you’ve lost your job, you’re not going to get any income support from Centrelink until at least the 27th of April.

“The Queensland government has an assistance program where we will provide you $500 a week to help you with your rent payment and it’s a really simple process.”

The payments can be accessed by calling phone 1800 497 161.

Ms Trad also acknowledged the state government would be writing the eviction moratorium into law “for tenants who can’t make rent because they’ve lost their job due to coronavirus or the impacts, either directly or indirectly, of coronavirus”.

“There will be an absolute moratorium, prohibition, written into law around evicting renters because they can’t pay their rent and that will be backdated to the day the Prime Minister announced that out of the national cabinet,” she said.

However, she said the eviction moratorium is for people who have been “genuinely impacted” by a coronavirus.

“For tenants that do the things that would ordinarily see them evicted – if they significantly damage the property or the owners themselves move in because of financial distress – then that will still occur, this isn’t a blanket prohibition,” Ms Trad said.

“But where you have lost your job, your hours have been cut, and where you genuinely cannot make your rent, you will not be evicted and we will guarantee that by law and we will also help you make up the shortfall in terms of your rent payments until you start getting some income support, or hopefully get another job.”

Ms Trad said the government is considering renting out hotels to house the homeless.

“We are looking at every option, including hotels for those who find themselves homeless,” she said.

“We are looking at absolutely everything, including head leases in hotels or motels to make sure that we can properly look after those who are most vulnerable in our community.”

Source: https://www.couriermail.com.au/coronavirus/coronavirus-qld-treasurer-jackie-trad-reveals-emergency-rental-assistance-payment-of-up-to-500-a-week/news-story/a5ce014d9b26e401fe489d547e1c74a4

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Economic Response to the Coronavirus

The Government is acting decisively in the national interest to support households and businesses and address the significant economic consequences of the Coronavirus.

While the full economic effects from the virus remain uncertain, the outlook has deteriorated since the Government’s initial Economic Response announced on 12 March 2020.

The spread of the virus worldwide has broadened, and is expected to be more prolonged. Governments, both international and domestic, have announced stricter mitigation measures to slow the spread of the virus, which are having significant economic impacts.

On 30 March, the Government announced the $130 billion JobKeeper Payment to help keep Australians in jobs as we deal with the significant economic impact from the Coronavirus. This brings the Government’s total support for the economy to $320 billion across the forward estimates, representing 16.4 per cent of annual GDP.

These actions provide timely support to affected workers, businesses and the broader community.

The Government’s economic response targets three areas: (1) Supporting Individuals and Households; (2) Support for businesses; and (3) Supporting the flow of credit.

1. Supporting Individuals and Households

The Australian Government is providing financial assistance to Australians to support them through the Coronavirus. This assistance includes income support payments, payments to support households and temporary early releases of superannuation.

2. Support for businesses

The Australian Government is supporting Australian businesses to manage cash flow challenges and retain employees. Assistance includes cash flow support to businesses and temporary measures to provide relief for financially distressed businesses.

3. Supporting the flow of credit

The Government, the Reserve Bank of Australia and the Australian Prudential Regulation Authority have taken coordinated action to ensure the flow of credit in the Australian economy. Timely access to credit is vital for businesses to manage the impacts of the Coronavirus.

  • Support for immediate cash flow needs for SMEs
  • Quick and efficient access to credit for small business
  • Reserve Bank of Australia – Supporting the flow and reducing the cost of credit

Source: https://treasury.gov.au/coronavirus

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Is Your Portable Pool A Safety Risk?

portable pool in the backyard of a luxury property

Drowning is the most common cause of traumatic death in children aged under five years in Queensland. Approximately five toddlers drown in Queensland swimming pools every year. Almost all swimming pool drownings are preventable.

As the temperature increases, so too does the need to find a cool spot in which to relax and escape the heat, especially for children.

Many parents look to small inflatable pools for this relief but there are several issues parents should be aware of before buying these pools. Unfortunately, every year at Christmas time, a number of lives are lost around Australia due to children drowning in small pools. Sometimes, people just aren’t aware that it only takes a small amount of water for a child to drown.

Portable pools and spas can pose a serious safety risk to young children. A number of child drownings in recent years have occurred in portable pools and spas. It is therefore important to consider the safety of young children around these pools.

If your portable pool or spa can hold more than 300 millimetres of water, has a volume of more than 2,000 litres or has a filtration system, the new laws apply to you. You will need to:

  • Obtain a certificate from a licensed building certifier stating that your pool complies with the pool safety standard, before filling the pool or spa with more than 300 millimetres of water.
  • Obtain a building approval.
  • Register your pool or spa.

If you are selling, buying or leasing your property with a pool or SPA, a safety certificate is required from a licensed pool safety inspector. Alternatively, the portable pool or spa can be removed.

Exclusions From the New Laws

Queensland’s pool safety laws do not apply to portable pools or spas that:

  • Cannot be filled with more than 300 millimetres of water.
  • Have a maximum volume of 2,000 litres.
  • Have no filtration system.

All three criteria above must be met to be excluded. Many models of portable pools sold at department stores and pool shops meet these criteria, but you should check before buying.

Source: Logan City Council

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