Breach process

If the tenant has not paid the full amount of rent on the day it is due, they are in arrears. If the rent is 7 days or more in arrears, 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. If new rent has not been paid, the tenant may receive another breach notice.

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 after the final day of the Notice to Leave has expired).

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

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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.

Fixed term agreements

Rent cannot be increased during a fixed term unless it is stated in the tenancy agreement and all of the following occurs:

• the agreement states the rent will be increased
• the agreement states the new amount (or how it will be worked out)
• the property manager/owner gives the tenant at least 2 months notice in writing, and
• it has been at least 6 months since the tenancy started or since the last increase

The property manager/owner must also give the tenant separate written notice of the increase. It does not automatically come into effect because it is in the agreement. The notice should include the increased amount and the day it takes effect.

Periodic agreements

Rent can be increased if the property manager/owner gives the tenant at least 2 months notice in writing and it has been at least 6 months since the last rent increase, or since the tenancy started.

New agreements

The property manager/owner and tenant can agree to a rent increase at the end of a fixed term agreement by entering into a new agreement. However, it must be at least 6 months since the last rent increase. There is no requirement to serve a notice about the increase.

If a new agreement is not signed, the agreement becomes periodic with the same terms and conditions as fixed term. The property manager/owner must then issue a notice for any rent increase.

Excessive rent increases

A tenant can dispute the increase if they feel it is excessive by discussing the issue with the property manager/owner. If the tenant still feels the increase is excessive, they can apply for dispute resolution once the new agreement is signed. They may also apply to QCAT for a decision.

QCAT considerations:

• range of market rents usually charged for comparable properties
• difference between the proposed and current rent
• state of repair of the property
• term of the tenancy
• period since the last rent increase (if any)
• anything else QCAT considers relevant

Bond

If rent is increased, the bond may be increased if it has been at least 11 months since the last bond increase or start of the tenancy. Any extra bond must be lodged with the RTA using a Bond lodgement (Form 2). The tenant must pay the increase in bond by the date stated on the notice which must be at least 1 month after the tenant received the notice.

There is no limit to the frequency of rent increases during a rooming accommodation agreement. However, 4 weeks notice in writing must be given (except when a new agreement is signed). Rent may also be decreased in certain circumstances.

Fixed term

Rent can only be increased during a fixed term agreement if the:

• agreement contains a special term stating the rent will be increased
• agreement states the new amount, or how it will be worked out, and
• property manager/owner gives the tenant at least 4 weeks notice in writing

The property manager/owner and tenant can agree to amend an existing agreement to include a rent increase.

Periodic agreements

Rent can be increased at any time during a periodic agreement if the property manager/owner gives the tenant at least 4 weeks notice in writing. The notice should include the new amount and the day it takes effect.

New agreements

Rent may be increased at the end of a fixed term agreement if the property manager/owner and tenant enter into a new agreement. There is no specific notice period for the increase.

If a new agreement is not signed, the agreement becomes periodic with the same terms and conditions as the fixed term. The property manager/owner must then give 4 weeks notice in writing of an increase.

Rent may be decreased because:

• there is a drop in the standard of the property, room or service
• there is a decrease in services provided, e.g. a stove is not working
• there is a change in rental market conditions (e.g. rents drop in the local area due to a downturn in the mining industry)
• the property is destroyed, or completely or partly unfit to live in (e.g. part of the roof collapses due to storm damage)
• the property can no longer be used lawfully as a residence (e.g. building condemned)
• the property has been appropriated or acquired compulsorily by an authority (e.g. house acquired by the State Government) to make way for road works, services, facilities or goods provided to the tenant are no longer available or withdrawn.

• a service provided to the tenant under the agreement is no longer available or is withdrawn (e.g. meals no longer offered)
• standard of the service substantially decreased (e.g. frequency of meals altered)
• the tenant is absent from the property and the following is not provided:
  • food service (if the tenant is absent for 2 continuous weeks or longer), or
  • a personal care service