Repeated breaches of an agreement


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.  

A breach of a tenancy agreement is when the tenant or the property manager/owner breaks any part of the agreement. 

Examples of tenant breaches

  • not paying rent
  • damage to the property
  • noise complaints
  • keeping a pet without permission
  • more tenants in the property than stated on the agreement

Examples property manager/owner breaches

  • entering the property without correct notice
  • not fixing something that is broken

If the problem cannot be resolved by the tenant and property manager/owner talking with each other, a Notice to remedy breach (Form 11) or Notice to remedy breach (Form R11) for rooming accommodation can be issued, allowing 7 days for the tenant/property manager/owner to fix the problem.

A repeat breach is when 2 or more breach notices have been given for the same breach within a 12 month period, and when a third breach occurs, the tenant or property manager/owner can apply directly to QCAT to have the agreement ended on the grounds of repeated breaches if:

  • a Notice to remedy breach was given each time
  • each breach was for the same problem and was rectified, and
  • the problem is of a serious nature

If the breach is not serious, QCAT may not end the agreement.

Was this page helpful?

Please note that we cannot respond to any comments made here. If you need a response, please contact us

Please select a reason