FAQ - Disaster & Flood Relief
1. Can the owner or tenant break the lease as a result of this flood, and if so, how is the bond dealt with?
Either a tenant or owner/property manager is entitled to end a tenancy agreement if the premises:
- Has been destroyed;
- Made completely or partly unfit to live in; or
- No longer may be used lawfully as a residence (e.g., the building has been condemned).
The tenancy agreement only ends if one of the following occurs:
- The owner/property manager and the tenant agree to end the tenancy in writing;
- The tenant gives the owner/property manager a Notice of Intention to Leave (Form 13) on the grounds of non-livability (must be given within 1 month of event occurring);
- The property manager/owner gives the tenant a Notice to Leave (Form 12) on the grounds of non-livability (must be given within 1 month of the event occurring); or
- An order is obtained from the Queensland Civil and Administrative Tribunal.
Although the usual rules for bond refunds apply, owners/property managers should be aware that RTA processing could be affected if postal or internet services are disrupted. We strongly discourage owners/property managers from unreasonably retaining bonds in circumstances where a premises has been destroyed or is completely or partly unfit to live in.
2. If the tenant is required to relocate to emergency housing, will they be entitled to any additional compensation from the owner?
Generally, additional compensation is not payable to a tenant by an owner if they are required to seek accommodation in emergency housing as a result of a natural disaster such as flood. Tenants may be eligible for emergency hardship assistance from the Department of Communities: https://www.qld.gov.au/community/disasters-emergencies/financial-assistance/essential-services-grant.
3. What does the landlord’s insurance cover?
Landlord insurance typically covers the owner for:
- Theft or burglary by tenants or their guests;
- Malicious damage or vandalism by tenants or their guests;
- Loss of rent due to tenant default; and
- Legal expenses required to evict a tenant.
Some landlord insurance policies may provide coverage to owners for damage to the premises arising from flood. Owners should enquire with their insurer to determine their coverage.
4. Does landlord insurance cover the tenant’s possessions or the cost of lost food resulting from the flood?
Generally, landlord insurance does not cover the tenant for damage to their possessions or the cost of replacing lost food resulting from a flood. Tenants should check their own contents insurance for coverage.
5. Who is responsible for vermin after the event?
If issues with vermin in the premises have arisen as a result of flooding, it is likely that the owner will be responsible for treating this issue.
6. Who is responsible for mould after the event?
If mould has appeared in the premises as a result of flooding, it is likely that the owner will be responsible for removing this.
7. What resources can I put tenants in touch with who are affected by flooding?
- Department of Communities: 1800 173 349
- Lifeline, Australian Red Cross, Salvation Army, and St Vincent de Paul
8. Are tenancy agreements voided as a result of flooding? What is the next step?
A tenancy agreement is not automatically voided as a result of flooding. It can only be ended by prior written agreement or by issuing a valid Form 12 or 13.
9. Are property managers responsible for finding alternative accommodation for affected tenants?
Property managers are not legally responsible for finding alternative accommodation for affected tenants. However, they may refer tenants to support services such as Lifeline, Australian Red Cross, Salvation Army, or St Vincent de Paul.
Fact Sheet: Dealing with a Natural Disaster - Flood & Storm
Tenant Responsibilities
Under the Residential Tenancies and Rooming Accommodation Act 2008 (QLD), tenants must report property damage as soon as practicable. Agents should determine the extent of damage when contacted by a tenant after a major flood event.
Verifying Livability
Tenants to advise:
- What is the extent of the water damage or flooding?
- Is there still power supply to the property?
- Is there damage to plumbing?
- Is it safe to access the property?
- Is the property liveable?
- If not, does the tenant have somewhere to stay?
For additional support, contact REIQ at 1300 MY REIQ.
Full REIQ article, https://bit.ly/3XAmXNO