Tenant Breaches Tenancy 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 are: rent arrears, significant damage to the property, 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 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.

 

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

 

Disclaimer: This blog post is not to be considered legal advice. If you are seeking specific legal advice we suggest that you consult a legal professional before making any significant decisions in this regard.

References: Tenant breaches the agreement | Residential Tenancies Authority (rta.qld.gov.au) and Repeated breaches of an agreement | Residential Tenancies Authority (rta.qld.gov.au)