Renting & floods

Are you renting a property on the floodplain? On this page you can:

  • learn about preparation and recovery actions based on common scenarios that renters might face after a flood,

  • dive into the details in our community webinar with Tenants Queensland,

  • and trouble shoot with our Q&A.

Preparation actions

  • Have a copy of your tenancy agreement whether digital or paper and keep it with important documents.

  • Communication is key when it comes to a flood preparation and response. Some body corporates and building managers have struggled to gain a tenant’s contact information from external property managers, for the purposes of a building's emergency communication procedures.

    A good tip for all residents (renters or owner occupiers) is to always ensure you provide contact information and emergency contacts directly to the building manager. Don't rely on the property manager to pass it on.

  • Be aware that tenants need their own contents insurance as tenants’ goods are not covered by landlord or body corporate insurance.

  • Try to get an understanding of the potential impacts of flood events on your property and street. Ask your property manager (in writing) about what preparations have been made by the body corporate or landlord to mitigate future flood impacts to your building and residents. Have they taken advantage of any government grants to raise or retrofit your house to minimise the impact of floodwaters? Have they prepared a Flood Mitigation Plan to incorporate strategies for your apartment building and residents, such as procedures for warning residents or measures such as back up power sources to maintain safely lit common area stairwells, lifts and exits.

    If no, link them to Resilient Kurilpa’s Apartment Toolkit or short film on flood preparedness for apartments. Or if they are not forthcoming with this information, tap into local knowledge from your neighbours and community to understand potential impacts you may face, e.g. power and lift outages, flooded basement carparks and storage units, blocked evacuation routes.

    If you are concerned about your individual level of risk or support needs, consider making a personal emergency plan using the P-CEP workbook. Ensure your body corporate or building manager has your current contact information and support needs during a flood event e.g. lifts for mobility or power for medication.

  • Save Tenants Queensland’s phone number 1300 744 263. Call as soon as a problem arises as sometimes there are time limits to act. TQ are very happy to give early advice about an emerging problem.

Recovery actions

  • A tenant may opt to leave after a disaster due to the damage of a property. Ensure you take photos as evidence of non-liveability in case there is a dispute.

    There are a number of ways to end a tenancy:

    1. A mutual termination agreement. Always put this in writing with terms that both parties agree on. For example, the tenant is not liable for reletting fees or rent after the handover date.

    2. A notice of intention to leave (Form 13) on the grounds of non-liveability if the premises have been destroyed or made completely or partly unfit to live in.

      • The notice must be issued within one month of the event.

      • The minimum notice period is the same day, but more notice can be given.

    3. There are other ways e.g., non-remedied breach. Seek more information from Tenants Queensland.

    When the tenant vacates after a disaster they should liaise with the owner or property manager about the expectations for cleaning. While a tenant is usually responsible for leaving a property in the same condition upon exit as entry, with fair wear and tear, it’s not the responsibility of the tenant to clean the damage from disasters, which could be dangerous. It is unsafe to touch flood water.

  • The lessor may end the tenancy by issues a notice to leave (Form 12) on the grounds of non-liveability. This termination can be within one month of the event and with same day notice.

    However, a residential tenant cannot be evicted from the premises without an order from QCAT. Tenants can dispute the notice to leave if they believe the premises are liveable.

    If the parties can’t agree about the tenant staying, the next step is an RTA dispute resolution. If the dispute resolution is unsuccessful, the tenant can apply to QCAT disputing the grounds of the notice to leave.

  • Generally, if premises are destroyed, or wholly unfit to live in, the rent is automatically decreased to zero.

    If the premises are damaged or the standard decreases the tenant can negotiate reduced rent with the owner. Make sure any agreement about a rent reduction is in writing.

    If the parties can’t agree on the amount of reduced rent, the tenant can apply for RTA dispute resolution and then to QCAT for an order about rent reduction. The claim for a rent reduction must be made while the tenant is still in the tenancy agreement.

  • After a flood, there might be electrical or structural damage, leaks or mould. Tenants might seek assistance shortly after the event, or some time after an event.

    The first step is to notify the property manager or the lessor about their concerns.

    If the repairs are not attended to, the tenant can issue a notice to remedy breach (Form 11) to notify the lessor or agent about the need for repairs. The notice to remedy breach must give the lessor or agent at least 7 days to do the repairs.

    A tenant can request free dispute resolution from the RTA.

    If the repairs are not carried out, a tenant can apply to QCAT for a repair order. The tenant must stay with the premises until repairs are carried out and lessors can be fined for non-compliance. A repair order may include:

    • inspection by a qualified person such as a mould expert of builder,

    • the repairs,

    • rent reduction,

    • compensation,

    • or termination if the repairs are not carried out within a time period.

    The law also allows for the tenant to arrange and be reimbursed for emergency repairs to a value of up to 4 weeks rent if the tenant is unable to contact the emergency repair contact within a reasonable timeframe.

    An emergency repair is defined in the legislation and may include: a serious roof leak, gas leak, dangerous electrical fault, flooding, serious storm or fire damage.

More information for tenants affected by floods and storms is available from Tenants Queensland.

Dive into the details

Watch our recorded community webinar with flood recovery solicitors from Tenants Queensland to explore the common scenarios renters may encounter and actions they can take to prepare and respond.

Webinar shortcuts:

00:00 Welcome
05:16 What it’s like renting on the floodplain
14:12 Who are Tenants Queensland
16:59 Common scenario #1 Tenant wants to leave
18:33 Common scenario #2 Tenant wants to stay
19:22 Common scenario #3 Changes and negotiation of rent
19:59 Common scenario #4 Requesting repairs
21:56 Rental Support Grant
23:56 Actions for renters
25:50 Q&A

Q&A

  • No, they are not obligated to tell you. Consider:

    • Asking anyway. A good question for a tenant to ask the property manager or body corporate committee would be: What flood preparation measures does your building put in place to help mitigate losses for residents? However, the rental market moves fast, so applicants may not have time to inquire about flood impacts from the property manager.

    • Doing prior research. It may be useful to prospective tenants to research the area they are looking to move to prior to deciding if they are comfortable living with flood risk. Look up the property on the Brisbane City Council’s Flood Awareness Map and toggle the layers to see the extent of past flood events. Be aware that these maps reduce details such as the impact of stormwater and power outages.

    • Tapping into local knowledge. Local knowledge on past flood impacts on a home or an apartment’s resilience measures can also help you make an informed decision. Tap into local knowledge by asking community groups such as Keep West End Weird about past flood impacts on streets and buildings. You might like to ask how vulnerable the basements are to flooding? How long did the building/street lost power for? Did people lose their cars in the last flood? Does the building have a flood mitigation plan?

  • After the 2022 floods, the Queensland Government provided grant funding for renters and owner occupiers who were forced to relocate permanently or temporarily for a minimum of 14 days. Assistance was available retrospectively to pay for accomodation or relocation costs. However, government assistance for renters may not be guaranteed in future disaster events.

    If the property’s liveability is impacted in future flood events, tenants may negotiate a rent reduction with the property manager. Have something from the landlord that says the property is uninhabitable or that you couldn’t live there for that period. Keep receipts for the accommodation that you paid for elsewhere e.g. from AirBnb or paying board at a friend’s property. If you’re going to pay your friend to stay at their house, do a direct debit from your bank account or a transfer that says it’s for rent at the premises.

    Reach out to Tenants Queensland for more information about negotiating rent reduction or compensation.

    For more information about government assistance, contact Community Plus’ service navigator team for more information
    https://communityplus.org.au/
    3846 7599

    Or contact the Department of Housing and speak with the accomodation team on 3013 2688

  • The tenancy agreement must be terminated before the lessor can remove any of the person’s goods, excluding items such as food.

    If these conditions don’t apply, then the lessor has the obligation to store the goods for one month at the tenant’s expense.

    After the tenancy agreement has ended, the property manager/owner may dispose of the goods left behind by the tenant where:

    • the total market value of the goods is less than $1500, or

    • storage of the goods would be unhealthy or unsafe, or

    • storage of the goods would cause their market value to be completely or substantially reduced, or

    • the cost of removing, storing and selling the goods would be greater than the amount raised in the sale of the goods.

    Any money or documents left behind, such as birth certificates, must go to the Public Trustee. Items such as Medicare cards go back to the provider.

    Go here for more information.

  • While the lessor or body corporate may have insurance cover for the property, this generally only covers loss or damage to the building envelope and permanent fixtures. This does not provide cover for loss or damage to any personal effects, including furniture, clothing, white goods, jewellery or electronic equipment.

    Tenants and residents are therefore encouraged to purchase contents insurance to cover for any such damage or loss.

  • It’s important to always pay rent while there’s a dispute, otherwise you risk being in breach for rent arrears and possibly a termination. A tenant can negotiate a rent reduction. If that’s not successful they can make an application for RTA dispute resolution and then a QCAT application.

  • If there is a disagreement, you could lodge a Dispute Resolution Request (Form 16) providing evidence for why you think the premises are currently unliveable. If you have already left, ensure you have supporting evidence. Take lots of photos. Any pictures and documentation to support that, in your view, the premises are unliveable, just in case a landlord does pursue you for break lease fees.

  • In relation to flooding, relevant standards include:

    • whether the premises are weatherproof,

    • whether they’re structurally sound,

    • whether there is any mould and dampness,

    • and the condition of the plumbing and drainage.

    Because mould is so common in Queensland consider getting a mould or building report to show there is an issue with the building that is the reason for the mould. If you know there are issues with the minimum housing standards and the premises are damaged because of that, go straight to QCAT as opposed to the RTA.

    Take photos before commencing any action with QCAT, then try to clean it as best you can because you do have a duty of care as a tenant to mitigate loss for the landlord.

  • Yes, as long as it is not caused by the tenant. Mould is a serious problem after premises have been impacted by flood waters. Keep evidence of when and where the mould appeared in the first instance (e.g. after a weather event) and when and how mould is removed.

    Mould may constitute loss of amenity or breach of the lessor’s obligation to provide premises fit to live in and in good repair. If the lessor does not remove the mould, the tenant may issue a Breach of Agreement claim for compensation, or they could do a repair order about the mould and claim compensation for a rent reduction within that order as well.

    Read more here.

  • The lessor would still have obligations under the Residential Tenancy Act, so it may be that they would have to pursue the tenants’ obligations through the body corporate.

  • The lessor is not obligated to compensate you for anything that is not related to the tenancy.

Have a question? Submit it below and we will aim to have it answered. Alternatively, call Tenants Queensland on 1300 744 263.