Non-payment of rent and rent arrears

Fast facts

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.
  • If the tenant doesn't pay the rent, the lessor/agent can give them a Notice to leave (Form 12), giving them at least 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 the Tribunal for an order to make them leave called a Warrant of possession.

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 the Tribunal to make the resident leave. Read the Power to remove a resident – rooming accommodation fact sheet for more information.

 

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