Late Rent - Formal Action in Queensland
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In Queensland a tenant can be sent a breach notice when they are over 7 days late in rent, this notice gives the tenant 7 days to get the rent paid. If the rent remains unpaid the tenant can be given a notice to vacate.
The Rent page in your Cubbi dashboard recommends when the notices needs to be given and to create the notice. It's very important this is done through Cubbi because according to tribunal many landlords use incorrect dates on notices, send at the wrong time or via incorrect service methods.
------ Below is the old version of this article which is still true however Cubbi now recommends when notices are sent and creates the notice ----
Ending a tenancy for non-payment of rent can take approximately 5-6 weeks until the police have the power to remove the tenant. If the tenant is already behind by 1-2 weeks before the termination process starts, the owner will generally be down 10 weeks (~ $5k) rent by the time you consider vacancy costs as well.
Therefore it's really important this process is started early and you have landlord insurance.
Steps to end a tenancy for non-payment of rent (QLD)
1. Send a Notice to remedy breach (Form 11)
When a tenant is 7 days behind in rent a Notice to remedy breach can be given, giving the tenant 7 days to pay the outstanding amount. Due to rent processing times, Cubbi notifies the owner and tenant of this process at 10 days behind. Contact us to complete this form for you to send to the tenant.
2. Send a Notice to leave (Form 12)
If the tenant does not get their rent paid up before the remedy date on the previous notice the owner should serve the tenant a Notice to leave giving a minimum of 7 days to move out. Contact us to complete this form for the owner to serve the tenant.
3. Apply for Tribunal
If the tenant does not move out on the vacate date on the previous notice, the following day the owner should lodge an urgent application directly with QCAT for an order to end the tenancy (Termination order and Warrant of possession). Contact us for advice, guidance and to complete the application for you. The 3 most important things when going to tribunal, for this reason, is being prepared with:
- Signed lease agreement
- Tenant ledger showing the rent payments
- Evidence of service of notices (Form 11 and 12)
(don't worry we'll help with this)
4. Police will force the tenant out
If the tenant still does not move out the Police will have the power to evict the tenant with force. It is very very unusual to get this far.
The image below for more info from the RTA QLD:
