Law Current to: June 25, 2025

Application of the RTRAA

This resource discusses the types of housing arrangements regulated by the RTRAA, those that are not regulated, and the distinction between periodic and fixed-term agreements.

What types of housing arrangements are regulated by the RTRAA?

The RTRAA applies to:

• tenants, lessors and agents for residential tenancies; and
• residents, providers and agents for rooming accommodation.

Residential tenancies

A “residential tenancy” is the right to occupy residential premises under a residential tenancy agreement. A residential tenancy agreement is an agreement which grants a person (i.e. the “tenant”) a right to occupy a residential premises as a residence. This includes agreements that are wholly or partly in writing, oral, or implied.

The right to occupy under a residential tenancy agreement may be exclusive or shared (in the case of co-tenants). The RTRAA also applies where a tenant gives the right to occupy a residential premises to a subtenant. In this situation, the head tenant has the same rights and responsibilities with respect to the subtenant, as those the lessor has with respect to the head tenant.

Rooming accommodation

The RTRAA also applies to residents of rooming accommodation. Under a rooming accommodation arrangement, residents share facilities, such as the kitchen and/or bathroom with others. If the provider of the accommodation lives on site, there must be at least four rooms available for rent. Where the accommodation provider does not live on site, the people residing at the premises will be considered residents even where there are less than four rooms.

A person is likely to be a resident if they rent a room in a large purpose-built student accommodation, however this does not apply to on-campus accommodation.

Further information on rooming accommodation arrangements can be found on this Residential Tenancies Authority factsheet.

What types of arrangements are not regulated by the RTRAA?

Boarding and lodging arrangements are not regulated by the RTRAA, except in relation to bond payments.

A person is a boarder or lodger if they rent a room from someone who lives in the same property. Further, the property must have three rooms or less available for rent and a boarder may also receive meals as part of their rental agreement.

For further information on determining a person’s legal status under a particular agreement, visit this factsheet from Tenants Queensland.

Other arrangements that the RTRAA does not apply to include:

• renting holiday premises for a vacation;
• the first 13 weeks that supported accommodation has been approved and headlease agreements for approved supported accommodation;
• hospitals, nursing homes and some refuge accommodation;
• arrangements covered by the Retirement Villages Act 1999 (Qld);
• owner-occupiers of mobile homes covered by the Manufactured Homes (Residential Parks) Act 2003 (Qld);
• affordable housing agreements or government employee housing;
• accommodation subject to a rehabilitation order made by the Drug Court;
• rental purchase plans or tenancies of less than 28 days that arise from a sale contract;
• accommodation provided by Aboriginal Hostels Limited;
• rooming accommodation provided under the Aged Care Act 1997 (Cth), the Mental Health Act 2000 (Qld), or in a private hospital under the Private Health Facilities Act 1999 (Qld);
• school student accommodation arranged by the school or education department; and
• on-campus accommodation provided by a University or non-profit organisation.

Further information on what arrangements the RTRAA does and does not apply to can be found on the QStars website.

Periodic or fixed term agreement?

Rooming accommodation agreements can either be periodic or for a fixed term. A fixed term agreement is for a fixed period of time, with a specified start and end date. By contrast, a periodic agreement has a start date but no specified end date, meaning that it operates on an ongoing basis (month-to-month) until either party gives notice to end the agreement.