Property manager/owner breaches the agreement
Changes to Queensland rental laws came into effect from 6 June 2024. Further changes commenced on 30 September 2024. Learn more.
Minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.
If a property manager/owner breaches the tenancy agreement the tenant should talk to them about the issue. If that does not resolve the problem the tenant 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 tenant should talk to the property manager/owner to try and resolve the problem
- if that is not successful, they can issue a Notice to remedy breach giving the property manager/owner at least 7 days to fix the problem
- if the problem is not fixed at the end of the breach timeframe the tenant can:
- apply for dispute resolution (fixed and periodic agreements) and
- if the matter is still not resolved they may apply to QCAT to seek an order to rectify the problem, or seek compensation, OR
- give a Notice of intention to leave (Form 13) to end the tenancy (timeframes apply)
- if the tenant chooses to end a fixed term agreement early they may need to pay reletting costs for breaking the lease.
Examples of a property manager/owner breach: repairs and maintenance not carried out, illegal entry.
There are rules for repeated breaches.
Problem is fixed
If the problem is fixed by the expiry of the breach notice, no further action is required. If a Notice of intention to leave has been issued and the problem is remedied after the notice is issued, the tenant can continue to end the tenancy or withdraw the notice. This must be done in writing before the end of the notice date.
Residential tenancy agreements entered into before 30 September 2024, that include a term requiring tenants/residents to pay reasonable costs for reletting the premises and were compliant prior to 30 September 2024 rental law changes commencing, will be considered compliant under the Act and will still apply at the agreement end date.