- 30 Apr 2025
- 2 min read
- By REIQ Legal Counsel Casey Cossu
Seeking emergency contact details from approved tenants
From 1 May 2025, property managers cannot ask applicants for their emergency contact details under the new sections 57B and 57C of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act).
This change is reflected in the new RTA Form 22 Rental Application, which does not include a section for emergency contact information. Property managers who violate these requirements face penalties of up to 20 units, being $3,226.
It is important to try to obtain emergency contact details from tenants. During the tenancy, circumstances may arise where a property manager needs to contact a tenant’s emergency contact, for example, if something happens to that person, they go missing or abandon the property, or if they unfortunately pass away at the property.
Once an applicant is approved, property managers have 2 options for collecting emergency contact details from those individuals:
Option 1: Including Details in the Form 18a General Tenancy Agreement
After an applicant is approved, property managers can request emergency contact details to be included in the Form 18a General Tenancy Agreement.
This option is not always desirable for tenants because they may not wish to share their emergency contact person’s details with other tenants at the property (or any other third party that may need a copy of the Form 18a General Tenancy Agreement for particular purposes).
Option 2: Using the REIQ Emergency Contact Details Form
Alternatively, property managers can use the new REIQ Emergency Contact Details Form from 1 May 2025 (available in Realworks).
This form can be sent separately as part of the agency's welcome pack to new tenants. This form allows property managers to collect emergency contact details from tenants separately, without including them in the tenancy agreement itself. Each tenant’s form can then by kept on file.
Secure Storage and Destruction of Emergency Contact Details
Regardless of the method chosen, property managers must ensure that emergency contact details are stored securely and destroyed at the appropriate time, being within seven years after the end of the tenancy. Compliance with privacy laws and data protection regulations under the RTRA Act is essential.
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