Residential Tenancies changes – ending month to month tenancy

From 1 October, 2022, Queensland’s residential tenancy law (contained in the Residential Tenancies and Rooming Accommodation Act 2008) has been amended in various ways, one of which significantly restricts the ability to terminate month to month tenancies.

Previously, a month to month tenancy (called a periodic tenancy – which can either be a tenancy which has no fixed term, or arises when a fixed term tenancy expires) could be ended by the landlord giving two months notice without giving any reason. This was called a Notice to Leave without ground.

Since 1 October, 2022, the without ground basis has been ended, so a notice to end a month to month tenancy has to state a ground. There are a number of grounds – eg unremedied breach (sec 281), agreement frustrated (sec 284), premises sold or being prepared for sale (sec 286), serious breach (sec 290A), planned demolition or redevelopment (sec 290C) or significant repair or renovations (sec 290D), or owner to occupy (sec 290G) [this list is not exhaustive] however the point is that there has to be a reason.

Contrast this with the fixed term agreement coming to an end, in which case the owner can give two months notice to leave regardless, but that right is lost when the periodic tenancy starts.

There are offence provisions if certain notices are false or misleading (sec 365A) and restrictions on letting the premises out within 6 months if the notice is for the property being sold, changing use, or for owner occupation (secs 365B – D).

More than ever residential tenancies are becoming a difficult area to navigate, now with further offence provision. For advice on property law, contact Peter Muller at peterm@qbmlaw.com.au