Impacted By Natural Disasters - Journey To Recovery For Tenants

It’s been a wet and difficult start to the summer, and countless Queenslanders across the state have already been impacted by severe storms, cyclones and flooding.

While many communities are now in recovery, others are keeping a close eye on forecasts and are preparing for more wild weather as predicted by the Bureau of Meteorology.

The RTA understands how challenging it can be when your home is damaged or destroyed, and how overwhelming it can be to figure out what happens next.

This guide provides step-by-step instructions Queensland tenants can use if their rental property is impacted by a natural disaster.

If your rental property is impacted by a natural disaster, it can be difficult to know where to start. Emotions can run
high for everyone involved, so it’s important for all parties to communicate openly and respectfully.

 

Step 1 - Stay safe:

In the event of a natural disaster, staying safe must be your highest priority. Only return when it’s safe to do so and follow any active public safety directives. If you must enter the property, ensure the electricity is off and only switched back on after it’s been assessed by a professional and deemed safe. 

 

Step 2 - Contact the property manager/owner

Once you’re out of any danger, notify your property manager/owner of the situation as soon as possible. Be mindful that power and service outages may affect your ability to get in contact with them immediately.

 

Step 3 - Assess the property

If your rental property is significantly impacted during the disaster, it may need to be assessed by a qualified tradesperson to determine whether it’s liveable or not. Under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), a property is deemed unliveable (referred to as non-liveability in the Act) when it’s either fully or partially destroyed, or it can no longer be used lawfully as a residence because it doesn’t meet health and safety standards.

If the damage isn’t significant, you or the property manager/owner can do an informal assessment of the property individually or together. If the property manager/owner or a third party is assessing the property, they’ll need to give you notice before they enter.

When you can safely access the property, we recommend taking photos of any damage and sharing these with the property manager/owner. This will help both of you assess the situation, work out next steps, and identify any repairs that might be needed.

 

Step 4 - Determine next steps

Once the property has been assessed, you’ll need to work through your tenancy options with your property manager/owner. Remember, the safety of anyone entering or staying at the property must be the priority. The property must be safe and liveable, and health and safety requirements must be considered.

Option 1 - Ending the tenancy because the property is unliveable

A tenancy does not automatically end when a property becomes unliveable after a natural disaster. The tenancy will only end if one of the following occurs:
• you and the property manager/owner mutually agree to end the tenancy in writing
• the property manager/owner gives you Notice to leave (Form 12) on the grounds of non-liveability
• you give Notice of intention to leave (Form 13) on the grounds of non-liveability
• the Queensland Civil and Administrative Tribunal (QCAT) makes an order for the tenancy to end

Option 2 - Staying in the property while it’s repaired

Option 3 - Leaving the property temporarily and returning later

 

Step 5 - Repairs and insurance

You are responsible for removing and cleaning your own possessions. If you have contents insurance and want to make a claim, contact your insurance provider as soon as possible. We recommend taking photos or videos of damaged items, as these may be needed for evidence. It’s important to note that while the property manager/owner may have building insurance, it likely won’t cover damage to your possessions.

The property manager/owner is responsible for any maintenance and organising any repairs needed to bring the property back to a liveable condition, including repairs to fixtures (such as carpet), fences, windows, doors and roofs. These repairs need to comply with relevant health and safety laws and should be organised within a reasonable timeframe.

Natural disasters often mean increased demands on insurers, tradespeople and services. You and the property manager/owner should discuss the timelines for any necessary repairs, negotiate times for repairs to be done, and keep lines of communication open.

You can access a copy of the step by step guide here: https://www.rta.qld.gov.au/sites/default/files/2022-12/Step-by-step-guide-for-tenants-natural-disasters.pdf

 

Source: RTA