Part 2 RTA – forms


 
 

2.1 What is the RTA?

The Residential Tenancies Authority (the ‘RTA’) is the Queensland Government statutory authority responsible for providing a range of residential tenancy services in Queensland. The RTA administers the Act on and provides a wide range of tenancy based services for all parties to a tenancy agreement, including tenants, residents, lessors, agents and rooming providers.

RTA services include:

  • a phone-based tenancy information service;
  • print and online tenancy information materials;
  • approved tenancy forms for general tenancies, rooming accommodation tenancies and moveable dwelling tenancies in caravan parks;
  • bond management – the RTA holds and manages tenant bond money during the tenancy and administers the refund of rental bonds;
  • a free tenancy dispute resolution service for disputes covered by the Act; and
  • policy and education services, including prosecuting offences under the Act.


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2.2 RTA forms

The RTA website provides tenancy forms used for general tenancies (flats, units, houses etc), rooming accommodation tenancies (room only with shared facilities) and moveable dwelling tenancies (renting a site or a van in a caravan park).

RTA forms are available online at www.rta.qld.gov.au The RTA can also post forms out to clients if requested. Call the RTA on 1300 366 311

The following is a list of common tenancy forms used in general tenancies.

Form 18aForm 18aGeneral tenancy agreement
Form 1aRTA Form 1aEntry Condition Report
Form 2RTA Form 2Bond Lodgement form
Form 3RTA Form 3Change of rental property
Form 4RTA form 4Refund of Rental Bond
Form 5RTA Form 5Change of lessor, agent or manager/provider
Form 6RTA form 6Change of bond contributors
Form 8RTA Form 8Signature record
Form 9RTA Form 9Entry notice
Form 10RTA Form 10Notice of lessor’s intention to sell premises`
Form 11RTA Form 11Notice to remedy breach
Form 12RTA Form 12Notice to leave
Form 13RTA Form 13Notice of intention to leave
Form 14aRTA form 14aExit condition report
Form 15 RTA Form 15Abandonment termination notice
Form 16RTA form 16Dispute resolution request
Form 19RTA Form 19Notice to vacate from mortgagee to tenant/s


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Notice of Intention to leave
2.3 Notice of Intention to Leave – RTA Form 13

A notice to end a tenancy must be given in writing. Tenants must use a Notice of Intention to Leave-RTA Form 13 to advise the lessor/agent of their intention to leave the rental property by a certain date (the handover date).

If tenants are ending a fixed term agreement early (eg: breaking the lease) a Notice of Intention to Leave is still valid, even If the date the tenant is moving out is before the end of a fixed term lease. However a tenancy agreement is a legally binding contract. Lessors/agents may seek compensation from tenants for breach of the agreement and early termination of their tenancy.

If tenants need to leave a fixed term tenancy early due to a serious reason, such as domestic violence, instead of giving a Notice of Intention to Leave, tenants may choose to apply to QCAT for an urgent hearing and seek an order to terminate their tenancy.

While waiting for the QCAT hearing date, if tenants need to move out prior to the hearing, it is always a good idea give the lessor or agent written notice confirming the date the tenant moved out and returned the keys, or intends to move out and return all keys to the lessor/agent .


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dispute resolution request
2.4 Dispute Resolution Request – RTA Form 16

The RTA Dispute Resolution Service provides free telephone conciliation service to assist parties resolve a tenancy dispute. The role of the RTA is to remain impartial and assist parties to communicate and reach a voluntary agreement to settle their dispute.

To apply to the RTA parties must fill in a Dispute Resolution Request -RTA Form 16 and lodge it with the RTA. For all non-urgent tenancy disputes parties must apply to the RTA, and attempt to resolve their dispute, before they can apply to QCAT for a tenancy tribunal hearing.

When applying to the RTA Dispute Resolution Service parties can indicate on the Form 16 if they need an interpreter, or need assistance with reading or writing.

The RTA usually provides dispute resolution over the phone, either through a series of calls to each party, or as a telephone conference with all parties on the phone along with a trained RTA Conciliator.

RTA conciliators are impartial, their aim is to facilitate communication to assist parties to negotiate an agreement. Conciliators cannot make decisions or force people to make an agreement.

If parties are unable to resolve their dispute, or if the RTA considers the matter is not suitable for conciliation (for example if the parties are not willing to participate or exchange information) the RTA will issue a Notice of Unresolved Dispute with a conciliation number. The person who receives this letter then has the option to apply to QCAT for a hearing and a final decision.

Non-urgent matters require RTA conciliation before parties can apply to QCAT for a hearing. These include general disputes about agreements, breach notices, routine repairs, locks and keys, or service charges, and disputes over rent decreases, compensation claims, or bond refunds.

Urgent tenancy matters are defined under s415 of the Act. These matters can go direct to QCAT without the requirement to first seek resolution through the RTA Dispute Resolution Service. However, parties can still use the RTA Dispute Resolution Service if they wish.

Urgent matters include applications to QCAT to terminate a tenancy, remove a tenancy database listing, or seek an order about emergency repairs, or repairs affecting tenant health and safety.


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2.5 Refund of Rental Bond – RTA Form 4

At the end of the tenancy parties can fill in a Refund of Rental Bond -RTA Form 4 and send it into the RTA to seek a refund of the rental bond.

If all parties sign an “agreed” bond refund form the RTA can immediately release the bond into the nominated accounts.

If parties cannot agree, either party can lodge their own Form 4 with the RTA at the end of the tenancy.

If the RTA receives a bond claim and all people listed on the bond have not signed the form, the RTA will send the other parties a Notice of Claim that gives 14 days to dispute the claim.

If other parties do not dispute the bond claim by the due date, the RTA will release the bond to the person who lodged the first Refund of Rental Bond Form 4.

When moving out it is always advisable tenants notify the RTA of their new contact address so tenants are promptly notified of any bond claims or disputes.

Bond disputes

If someone disputes the bond claim and sends the RTA a Dispute Resolution Request-Form 16. The RTA will hold the disputed amount of the bond until the parties go through the dispute process.

The RTA Dispute Resolution Service will set up a telephone conference where parties can exchange information about the claims and seek agreement about the bond refund.

It is important to communicate with the other party to seek full details of the bond claims and request evidence to justify the claims, such as photos, reports, invoices or receipts for the amounts being claimed.

If parties reach an agreement about the bond refund the RTA will get all parties to sign a new Refund of Rental Bond form to reflect the agreed amounts.

If tenants agree to sign over some or all of their bond it is useful to seek agreement that this amount is “in full and final settlement of all claims” and write this on the form as confirmation of this agreement.

If parties cannot reach a final settlement to release the bond the RTA will issue a Notice of Unresolved Dispute. The person who receives this notice has 7 days to apply to QCAT for a bond dispute hearing and notify the RTA of this. If the RTA do not receive this notification within 7 days they will automatically release the bond according to the first Refund of Rental Bond form that was lodged with the RTA.

If there is a tenancy hearing QCAT will send all parties a letter with the date and time of the hearing. At the QCAT hearing the QCAT member will look at the evidence presented by each side and make a final decision about the bond refund.

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Exit Condition Report
2.6 Exit Condition Report – RTA Form 14a

Tenants need to obtain and complete an Exit Condition Report- RTA Form 14a to record the condition of the premises when they leave. Tenants can also take photos and keep copies of cleaning receipts as further evidence they have met their obligations.

Tenants must give the lessor/agent a copy of the completed Exit Condition Report when they move out and hand back the keys. The lessor/agent then has three (3) business days to inspect the property, add their comments to the form and return a copy to the tenant at their forwarding address stated on the form.

When moving out it is important tenants gather evidence to show they have left the premises clean and undamaged. The Exit Condition Report is the tenant’s record of the condition of the property at the end of the tenancy. This report can provide important evidence if there is a dispute over the bond refund at the end of the tenancy.

QUICK TIPS : At the end of the tenancy

* Leave the property as far as possible in the same condition it was in at the start of the tenancy, except for “fair, wear and tear”.

* Complete and sign the Exit Condition Report and provide a copy to the lessor/agent who must inspect the premises and return a copy to the tenants within 3 business days.

* Tenants should keep a copy of the Exit Condition Report for their own records.

* Tenants can take photos of the property when moving out and gather other evidence.

* If the tenant is liable for water costs make a note of the water meter reading on the Exit Condition Report.

* Use an RTA Form 4 to apply  for a Bond Refund.

* Advise the RTA of the applicants address so that they can be notified of any disputes.