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Fact sheet

Guide to Residential Tenancies Authority (RTA) investigations

 

The RTA investigates alleged offences that attract a penalty under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act). The RTA cannot investigate breaches that do not attract a penalty (e.g. claims of money owed or disputes about the maintenance of a rental property).

 

Some of the offences the RTA can investigate include:

  • failure to lodge a bond with the RTA within 10 days
  • failure to provide a written tenancy agreement
  • failure to provide an Information Statement (Form 17a/b) at the beginning of a tenancy
  • entry by a landlord or their agent without proper notice
  • imposing special terms in tenancy agreements that contravene the Act
  • providing false or misleading documents to the RTA
  • failure to provide a forwarding address if asked to do so in writing during a tenancy
  • ending a tenancy in an unauthorised way (e.g. forcefully evicting a tenant)

 

Lodging a complaint

If you think that an offence has been committed under Queensland tenancy law, call the RTA on 1300 366 311. The RTA will give you information about how to lodge your complaint.

 

A complaint should be made in writing. As part of your complaint you must include COPIES of any relevant documents you have (e.g. bond receipts, rent receipts, tenancy agreements, RTA forms, entry notices etc).

 

Investigating offences

The RTA is based in Brisbane and carries out investigations throughout Queensland.

 

An investigation is a fair and impartial fact ­gathering process. All parties are given every opportunity to respond to an allegation and to provide information before the RTA takes any further action.

 

Investigators have the power to enter and search places, seize documents, and can compel individuals and organisations to disclose information in certain circumstances.

 

Action taken by the RTA is designed to:

  • educate all parties about their obligations and responsibilities under the Act
  • ensure future compliance with the Act

 

Prosecution may occur when these strategies have failed, do not address the serious nature of the complaint or if it is considered to be in the public interest.

 

Prosecution can only occur when there is enough evidence to prove an allegation beyond reasonable doubt.

 

Timeframes

Due to the number of investigations the RTA carries out, it may take up to 21 days before an investigation can begin. The RTA endeavours to complete investigations in a timely manner however investigations can be complicated. While some investigations are completed within three months, most investigations are finalised within six months and some can take even longer if they are very complex.

 

About the RTA

The RTA is the Queensland Government statutory body that administers the Residential Tenancies and Rooming Accommodation Act 2008. The RTA makes a positive difference to the residential rental sector by providing tenancy information, bond management, dispute resolution, investigation, policy and education services.

 

  • rta.qld.gov.au
  • 1300 366 311
  • Level 23, 179 Turbot St Brisbane. Mon – Fri 8.30am – 5pm

 

If you require an interpreter, please contact the Translating and Interpreting Service (TIS) on
131 450 during RTA hours of business. TIS will telephone the RTA for you at no cost.

 

101 – v2 Jul12

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