Renting

Non-payment of rent

If a tenant doesn't pay all the rent on the day it is due; the following day they are 1 day in arrears.

The property manager/owner cannot issue a breach notice until the tenant is a certain number of days in arrears. This number varies depending on the type of tenancy agreement.

General tenancies and long-term moveable dwellings

Breach process

If the tenant falls more than 7 days behind in rent (5 days in a caravan park), the property manager/owner can issue 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 agreement will continue. Keep in mind, any new rent may also be due during the breach process.

Notice to leave

If the breach notice expires and the rent remains unpaid, the property manager/owner can give the tenant a Notice to leave (Form 12), giving them a minimum of 7 days to move out (2 days in a caravan park).

If the tenant wants to dispute the notice they may apply for dispute resolution assistance with the RTA.

The tenant may also decide to pay all the rent due and ask the property manager/owner in writing if they can stay. This will be up to the property manager/owner’s discretion. If the property manager/owner agrees to let the tenant stay, this agreement should be in writing.

QCAT

If the tenant doesn't move out, the property manager/owner can lodge an urgent application directly with QCAT for an order to end the tenancy (this must be done within 14 days of issuing the Notice to leave).

The property manager/owner must be able to prove the breach warrants terminating the agreement. If the application is successful QCAT will make an order to end the tenancy and issue a Warrant of possession.

Unpaid rent procedure – general tenancies

Unpaid rent procedure - general tenancies
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Example of a rent ledger

Name of tenant John Smith
Address of rental property 3/1 Sample St, Sample
Weekly rent amount $400
Receipt no. Date rent due Date rent paid Amount paid Period rent covered
034 1/5/17 1/5/17 $800 1/5/17 to 14/5/17
035 15/5/17 15/5/17 $800 15/5/17 to 28/5/17
036 29/5/17 31/5/17* $800
29/5/17 to 11/6/17
037 12/6/17 12/6/17 $800 12/6/17 to 25/6/17
038 26/6/17 16/6/17 $800 26/6/17 to 2/7/17
039 3/7/17 3/7/17 $800 3/7/17 to 16/7/17
040 17/7/17 17/7/17 $400 17/7/17 to 23/7/16
* even though the rent was due on 29/5, rent was not paid until 31/5, therefore the ledger reflects the date the rent was paid.

Rooming accommodation

Tenant has lived in the property for less than 28 days: a Notice to remedy breach (Form R11) can be issued as soon as the tenant is in arrears giving them at least 2 days to pay the outstanding rent. If the tenant pays the rent within the timeframe, the rooming agreement will continue.

If the rent remains unpaid and the notice expires the tenant can be issued a Notice to leave (Form R12) and asked to leave immediately.

The tenant then needs to move out or pay the rent and request to stay (in writing). It is the property manager/owner’s decision if the tenant can stay. If they agree to let the tenant stay this agreement should be in writing.

Tenant has lived in the property for more than 28 days: a Notice to remedy breach can be issued when the tenant is 2 days in arrears giving them at least 4 days to pay the rent. If the tenant pays the rent within the timeframe, the rooming agreement will continue.

If the rent remains unpaid and the notice expires the tenant can be issued a Notice to leave with 4 days’ notice.

The tenant then needs to move out or pay the rent and request to stay (in writing). It is the property manager/owner’s decision if the tenant can stay. If they agree to let the tenant stay this agreement should be in writing.

QCAT

If the tenant doesn't move out within the timeframe, the property manager/owner does not need to go to QCAT to make the tenant leave. However, there are rules around removing a tenant from rooming accommodation.