Non-payment of rent and rent arrears

General tenancies – house, unit, caravan, houseboat

  • If the tenant falls more than 7 days behind in the rent (5 days in a caravan park), the lessor/agent can give them a Notice to remedy breach (Form 11), giving them 7 days (5 days in a caravan park) to pay the outstanding amount.
  • If the tenant pays the rent within the timeframe their tenancy agreement will continue. Keep in mind, any new rent may also be due during the breach process.
  • If the tenant doesn't pay the rent arrears, the lessor/agent can give them a Notice to leave (Form 12), giving them a minimum of 7 days to move out. In a caravan park this is 2 days.
  • The tenant then needs to move out within the timeframe, or pay the rent and ask if they can stay (in writing). It is the lessor/agent's decision whether the tenant can stay. If they agree to let the tenant stay, this agreement should be given in writing.
  • If the tenant doesn't move out, the lessor/agent can lodge an urgent application directly with QCAT for an order to make them leave called a Warrant of possession.

Unpaid rent procedure – general tenancies

Unpaid rent procedure (general tenancies) flow chart

Example of a rent ledger for a general tenancy with rent arrears


Name of tenant John Smith
Address of rental property 3/1 Sample St, Sample
Weekly rent amount $200

Receipt no. Date rent due Date rent paid Amount paid Period rent covered
034 26/03/14 26/03/14 $400 26/03/14 to 8/04/14
035 9/04/14 9/04/14 $400 9/04/14 to 22/04/14
036 23/04/14 23/04/14 $200*
1 week paid, not 2 weeks
23/04/14 to 29/04/14
037 30/04/14 30/04/14 $400 30/04/14 to 13/05/14
Rent not paid by 20 May. Form 11 issued (by hand delivery) on 21 May – expires 28 May
038 14/05/14 26/05/14 $400 14/05/14 to 27/05/14
039 28/05/14 28/05/14 $400 28/05/14 to 10/06/14
040 11/06/14 11/06/14 $400 11/06/14 to 24/06/14

For receipt number 038 the tenant was due to pay rent on 14 May but did not make a payment. After 7 days of not receiving rent payment, on the 8th day the landlord hand delivered a Notice to remedy breach (Form 11) to the tenant for rent arrears. The Form 11 gave the tenant 7 days to pay the rent arrears – the notice was due to expire on 28 May. The tenant paid the rent arrears amount on 26 May for the period 14 to 27 May 2014. The tenant then continued to pay the normal rent due on 28 May for the period 28 May to 10 June 2014.


Rooming accommodation

  • If the resident is living in the accommodation for less than 28 days and falls behind in the rent, the manager can give them a Notice to remedy breach (Form R11) immediately. This gives them 2 days to pay the outstanding amount.
  • If the resident is living in the accommodation for 28 days or more and falls 2 days behind in the rent, the lessor/agent can give them a Notice to remedy breach (Form R11). This gives them 4 days to pay the outstanding amount.
  • If the resident pays the rent within the timeframe, their rooming agreement will continue.
  • If the resident doesn't pay the rent within the timeframe, the manager can give them a Notice to leave (Form R12), giving them immediate notice to move out if they are in the tenancy under 28 days or 4 days notice if they have been in the tenancy more than 28 days.
  • The resident then needs to move out within the timeframe, or pay the rent and request to stay (in writing). It is the agent/provider's decision whether the resident can stay. If they agree to let the resident stay this agreement should be given in writing.
  • If the resident doesn't move out within the timeframe, the agent/provider does not need to go to QCAT to make the resident leave. Read the Power to remove a resident – rooming accommodation fact sheet for more information.

 

Subscribe to the RSS