Rental law changes introducing minimum housing standards will come into effect for new tenancies from 1 September 2023, and for all tenancies from 1 September 2024.
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.
- 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.