Renting

Tenant breaches the agreement

If a tenant breaches a tenancy agreement, the property manager/owner 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 property manager/owner should talk to the tenant to try and resolve the problem
  • if that is not successful, they can issue a Notice to remedy breach giving the tenant 7 days to fix the problem
  • if the problem is not fixed at the end of the breach timeframe the property manager/owner can:
    • apply for dispute resolution and
    • if the matter is still not resolved the property manager/owner may apply to QCAT to seek an order to rectify the problem, or seek compensation, or
    • give a Notice to leave (Form 12) to end the tenancy (timeframes apply)

Examples of a tenant breach: rent arrears, significant damage to the property, unauthorised pets

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 to leave has been issued and the problem is remedied after the notice is issued, the tenant can ask the property manager/owner if they can continue the tenancy. This is at the property manager/owner’s discretion. This must be done in writing before the end of the notice date.

If the tenant doesn't leave

If a Notice to leave has been issued, and the tenant does not leave, the property manager/owner can apply to QCAT for a termination order and Warrant of possession within 14 days of expiry of the Notice to leave.

If a warrant is granted, it will authorise a police officer to enter the property and give possession of the property back to the property manager/owner. The property manager/owner cannot enter the property or force the tenant to leave without this warrant in place. QCAT will generally issue the Warrant of possession to be executed between set dates.

Caravan parks

  • the property manager/owner should talk to the tenant to try and resolve the problem
  • if that is not successful, they can issue a Notice to remedy breach (Form 11) giving the tenant 7 days to fix the problem (5 days for rent breaches)
  • if the problem is not fixed at the end of the breach timeframe the property manager/owner can:
    • apply for dispute resolution and
    • if the matter is still not resolved the property manager/owner may apply to QCAT to seek an order to rectify the problem, or seek compensation, OR
    • give a Notice to leave (Form 12) to end the tenancy (timeframes apply)

Examples of a tenant breach: rent arrears, breach of park rules, unauthorised pets

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 to leave has been issued and the problem is remedied after the notice is issued, the tenant can ask the property manager/owner if they can continue the tenancy. This is at the property manager/owner’s discretion. This must be done in writing before the end of the notice date.

If the tenant doesn't leave

If a Notice to leave has been issued, and the tenant does not leave, the property manager/owner can apply to QCAT for a termination order and Warrant of possession within 14 days of expiry of the Notice to leave.

If a warrant is granted, it will authorise a police officer to enter the caravan/site and give possession of the property back to the property manager/owner. The property manager/owner cannot enter the property or force the tenant to leave without this warrant in place. QCAT will generally issue the Warrant of possession to be executed between set dates.

Rooming accommodation

  • the property manager/owner should talk to the tenant to try and resolve the problem
  • if that is not successful, they can issue a Notice to remedy breach (Form R11) giving the tenant:
    • 2 days to pay unpaid rent (tenancy under 28 days)
    • 4 days to pay unpaid rent (tenancy is more than 28 days)
    • 5 days to fix any other problem
  • if the problem is not fixed at the end of the breach timeframe the property manager/owner can:
    • apply for dispute resolution, or
    • give a Notice to leave (Form R12) to end the tenancy (timeframes apply)
    • for a serious breach the tenant can be asked to leave immediately

Serious breaches could include:

  • the tenant has used their room or common rooms for an illegal purpose, or
  • the tenant, or their guest, has:
    • destroyed or seriously damaged a part of the premises
    • endangered another person within the property, or
    • significantly interfered with the reasonable peace, comfort or privacy of another tenant

Examples of a tenant breach: rent arrears, breach of house rules, unauthorised pets

Problem is fixed

If the problem is fixed by the expiry of the breach notice, no further action is required. If a Notice to leave has been issued and the problem is remedied after the notice is issued, the tenant can ask the property manager/owner if they can continue the tenancy. This is at the property manager/owner’s discretion. This must be done in writing before the end of the notice date.

If the tenant doesn't leave

If the tenant doesn't leave after being given a Notice to leave, the property manager/owner can use reasonable force to evict them, however a police officer must be present and the property manager/owner cannot endanger the tenant’s health on purpose.