Renting

Property manager/owner breaches the agreement

If a property manager/owner breaches the tenancy agreement the tenant should talk to them about the issue. If that does not resolve the problem the tenant can issue a Notice to remedy breach (Form 11) or Notice to remedy breach (Form R11) for rooming accommodation outlining the reason on the form.

Timeframes to fix the problem will vary depending on the problem and type of agreement.

General tenancy

  • the tenant should talk to the property manager/owner to try and resolve the problem
  • if that is not successful, they can issue a Notice to remedy breach giving the property manager/owner at least 7 days to fix the problem
  • if the problem is not fixed at the end of the breach timeframe the tenant can:
    • apply for dispute resolution (fixed and periodic agreements) and
    • if the matter is still not resolved they may apply to QCAT to seek an order to rectify the problem, or seek compensation, OR
    • give a Notice of intention to leave (Form 13) to end the tenancy (timeframes apply)
    • if the tenant chooses to end a fixed term agreement early they may need to pay compensation for breaking the lease.

Examples of a property manager/owner breach: repairs and maintenance not carried out, illegal entry.

There are rules for repeated breaches.

Problem is fixed

If the problem is fixed by the expiry of the breach notice, no further action is required. If a Notice of intention to leave has been issued and the problem is remedied after the notice is issued, the tenant can continue to end the tenancy or withdraw the notice. This must be done in writing before the end of the notice date.

Moveable dwelling park

  • the tenant should talk to the property manager/owner to try and resolve the problem
  • if that is not successful, they can issue a Notice to remedy breach (Form 11) giving the property manager/owner at least 7 days to fix the problem
  • if the problem is not fixed at the end of the breach timeframe the tenant can:
    • apply for dispute resolution (fixed and periodic agreements) and
    • if the matter is still not resolved they may apply to QCAT to seek an order to rectify the problem, or seek compensation, OR
    • give a Notice of intention to leave (Form 13) to end the tenancy (timeframes apply).
    • If the tenant chooses to end a fixed term agreement early they may need to pay compensation for breaking the lease.

Examples of a property manager/owner breach: repairs and maintenance not carried out, illegal entry.

There are rules for repeated breaches.

Problem is fixed

If the problem is fixed by the expiry of the breach notice, no further action is required. If a Notice of intention to leave has been issued and the problem is remedied after the notice is issued, the tenant can continue to end the tenancy or withdraw the notice. This must be done in writing before the end of the notice date.

Rooming accommodation

  • the tenant should talk to the property manager/owner to try and resolve the problem
  • if that is not successful, they can issue a Notice to remedy breach (Form R11) giving the property manager/owner at least 5 days to fix the problem
  • if the problem is not fixed at the end of the breach timeframe the tenant can:
    • apply for dispute resolution (fixed and periodic agreements) and
    • if the matter is still not resolved they may apply to QCAT to seek an order to rectify the problem, or seek compensation, OR
    • give a Resident leaving (Form R13) to end the tenancy (timeframes apply).
    • If the tenant chooses to end a fixed term agreement early they may need to pay compensation for breaking the lease.

Examples of a property manager/owner breach: repairs and maintenance not carried out, illegal entry.

There are rules for repeated breaches.

Problem is fixed

If the problem is fixed by the expiry of the breach notice, no further action is required. If a Resident leaving form has been issued and the problem is remedied after the notice is issued, the tenant can continue to end the tenancy or withdraw the notice. This must be done in writing before the end of the notice date.