With new tenancy laws in effect from 1 May 2025, Queensland landlords now face stricter timelines and legal responsibilities when tenants request to make changes to a property—whether it’s installing a fixture like a wall-mounted TV or undertaking structural alterations such as adding an air conditioner or garden shed.
For Brisbane property investors, especially those managing units under a body corporate or older housing stock needing updates, these changes are more than red tape—they’re a call to tighten your processes.
The Basics: What’s Changed?
Under the RTRA Act, sections 207–209A, tenants can now formally request to:
- Attach a fixture (e.g. shelves, anchors, locks)
- Make a structural change (e.g. add air conditioning, fencing, plumbing, or electrical work)
This request must be submitted using a new RTA-prescribed form, and once received:
- You must respond within 28 days
- You can approve, reject, or approve with conditions
- However, you cannot refuse the request “unreasonably”
Failing to respond, or rejecting without a sound basis, can lead to QCAT intervention and legal consequences.
What Counts as “Unreasonable”?
The Act doesn’t give a strict definition, but it’s clear that a blanket “no” won’t hold up. You can still refuse a modification if:
- It poses a risk to safety
- It causes damage to the property
- It breaches body corporate by-laws
- It negatively impacts the property’s future rental value or appeal
Just be prepared to justify your reasoning in writing.
Properties Under Body Corporate? There’s More
If your property is part of a community titles scheme (e.g. a unit or townhouse), you’re also responsible for seeking approval from the body corporate after approving the tenant’s request. This must be done within 28 days of receiving the request from the tenant.
The modification cannot proceed until body corporate approval is also obtained, and delays here may still be considered a failure to reasonably process the request.
Can Tenants Be Compensated for Improvements?
Yes—and this is where many landlords get caught out.
If a tenant installs a fixture and is not permitted to remove it when vacating, the lessor may be required to compensate the tenant for the value of the improvement. This includes:
- Fixtures that have added measurable value to the property
- Changes that the lessor has chosen to retain at the end of the tenancy
- Items that couldn’t be removed without damaging the property
Compensation must be “reasonable” and considers:
- The original cost to the tenant
- The degree of improvement made to the premises
- How long the tenant has lived in the property
If there’s no agreement and the tenant believes they’re owed money, they can apply to QCAT for an order.
On the flip side, if the tenant removes a fixture and causes damage, they’re required to repair it or compensate you for the cost.
What Should Landlords Do?
- Use the new REIQ agreement templates to spell out approval conditions clearly
- Include terms about who maintains the fixture, whether it can be removed, and if so, how and when
- If removal is not permitted, state explicitly whether compensation will apply—and how it will be calculated
Summary: What This Means for You
These reforms aim to protect tenant rights, but the impact on landlords is real—especially when it comes to timeframes, approvals, and potential payouts at lease-end. If you get this process wrong, you could:
- Be forced to allow an unapproved modification via tribunal order
- Be hit with unplanned costs if a fixture can’t be removed
- Face a compensation claim if the tenant leaves an improvement behind
Our Take at Clark Real Estate
At Clark Real Estate, we don’t just tick boxes—we proactively protect our landlords. From assessing modification requests to managing body corporate approvals and documenting compensation terms, we do it all by the book so you’re not exposed.
Need help navigating these changes or updating your lease terms?
Call our expert team in Lutwyche today.