Trouble with the agent

What this usually means

A property manager runs your rental for the owner. They are called the lessor's agent in the law. They have to follow the same rules as the owner, and some of those rules come with penalties.

Common problems include:

• turning up without the right entry notice
• not fixing things, or not passing your request on
• claiming your bond with no evidence
• raising the rent too soon or without proper notice
• asking for more personal information than the law allows when you apply

Not every problem is against the law. A rude or slow agent may be annoying without breaking the Act. The first job is to work out whether it is a dispute (about money, repairs, your agreement) or an offence (a breach with a penalty) or both.

The agent also cannot make you leave. Only the owner can end the tenancy, on a reason the law lists, and only QCAT can order you out.

What you can do now

1. Write down what happened, with dates. Keep texts, emails, photos and rent receipts. Save any notices you were given.
2. Put the problem to the agent in writing, say what you want and give a date to reply. Keep a copy. Where it is about repairs, see "Repairs that are not getting done".
3. Check the rule. For entry, an agent needs an entry notice (Form 9) at least 48 hours ahead for most visits, and at least 7 days for a routine inspection. In an emergency they can enter without notice. Once a notice to leave is in place, they cannot come in more than twice in any 7 days.
4. Ask whether the agency has a complaints process. Many do. Use it and keep the reply.
5. For a dispute, ask the RTA for free dispute resolution. Use the online request through RTA Web Services or a Dispute resolution request (Form 16).
6. For an offence, such as a rent rise within 12 months, unlawful entry, or a bond claim without evidence, ask the RTA for an investigation using its online form. You have 14 days after lodging to send evidence.
7. If the problem is that the agent did not lodge your bond with the RTA within 10 days, or used rent money for something else, you can report it to the Office of Fair Trading.
8. Keep paying rent and keep to your agreement while you sort it out. A landlord cannot punish you for using your rights.

Time limits

• 14 days to send evidence after an RTA investigation request, or the request may be closed.
• 6 months to apply to QCAT about a breach of the agreement, from when you become aware of it.
• 1 month to apply to QCAT if you think a notice to leave, rent rise or breach notice is retaliation.
• Other limits depend on the problem. The guides on bonds, repairs and rent have the main ones.

If it goes further

The RTA investigates only breaches that are offences. It cannot deal with money you are owed, maintenance, or how an agent behaves unless the Act makes it an offence. Outcomes can include education, a warning, a penalty notice or a prosecution. It does not recover money or order compensation. An investigator is usually assigned within about 30 days of receiving your evidence, and an investigation can take from a few weeks to several months.

For money or orders, the path is RTA conciliation, then a Notice of unresolved dispute, then QCAT. Urgent matters, like retaliation or emergency repairs, can go straight to QCAT. QCAT can decide claims up to $25,000.

QCAT staff can explain how the process works but cannot give legal advice or tell you what to ask for.

Questions to ask whoever helps you

• Is what the agent did against the law, or is it a dispute?
• Should I go to the RTA for dispute resolution, an investigation, or both?
• Does this matter belong with the Office of Fair Trading instead?
• What evidence should I keep, and how do I send it?
• Could the agent's action be payback, and does it have a shorter time limit?