Repeated breaches of an agreement

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.

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