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.