Accommodation providers
If you are an accommodation provider, you should be aware of the following:
- Rules should not impose any obligations on people staying at apartments during Schoolies that would not be imposed on residents at other times of year. The exercise is one of drafting appropriate year round rules. For example, you can only charge schoolies a bond if this is normal practice for all tenants.
- Provide customers with house rules before their stay, not at check-in.
- Rules should not have the potential to result in harsh or unfair consequences for tenants. Rules should state behaviour that will result in eviction and include an eviction warning process.
- Eviction of tenants should only take place in extreme circumstances. Warning processes should be implemented.
- Room inspections can only occur if they are stated in your house rules and the customer has signed consent to the process.
- Apartments must have an accessible complaint handling and dispute resolution process available for tenants as required under the Code of Conduct for resident letting agents under the Property Agents and Motor Dealers Act 2000.
Examples of rules which offend fairness, or risk resulting in harsh consequences include:
- rules that only apply to young people or Schoolies
- rules that prohibit all glass from being brought in (if you need to stop tenants from bringing specific types of glass in all year round, be very specific)
- rules that allow random inspections without consent of tenants
- blanket statements that a breach of any rule (irrespective of how minor or trivial) will result in eviction
- rules that purportedly enable an apartment manager to evict all tenants staying in an apartment for the conduct of one tenant
- rules that impose greater restrictions during Schoolies on the numbers of guests and times within which guests are able to visit apartments than other times of the year. In this respect, 6pm is too restrictive and is likely to result in harsh consequences
- rules that seek to make tenants liable for damage to common areas, irrespective of who caused the damage or in circumstances where the damage was a result of fair wear and tear
- rules seeking to impose a charge or fee on tenants if guests are in apartments after the stipulated "no guests" period
- no visitors allowed in public areas e.g. pool, garden
- rules that state that where any person under the age of 18 is found to be under the influence of alcohol, they will be evicted and/or their parents and/or the police notified.
It's not too late to implement changes to house rules. Remember, it's important that customers are made aware of house rules before they sign any agreement.
Accommodation providers can get best practice Schoolies advice in the Resident Letting Agents Good Business Guide at www.fairtrading.qld.gov.au or by calling Office for Fair Trading on 13 13 04.
The Office of Fair Trading will be undertaking checks to ensure resident letting agents are complying with the Property Agents and Motor Dealers Act 2000 and especially the Code of Conduct regulations.
More information on your rights and responsibilities as an accommodation provider are available in the Resident Letting Agents Good Business Guide. Contact the Office for Fair Trading on 13 13 04 or visit www.fairtrading.qld.gov.au.
Last updated: 24 October 2008