Breach of the agreement

A breach of the tenancy agreement is when the property manager/owner or tenant fails to comply with any part of the agreement.

When there is a breach

The property manager/owner and tenant should discuss the breach and try to work out a solution (e.g. work out a repayment schedule for rent arrears, or agree on how damage can be fixed).

If this does not work a Notice to remedy breach (Form 11) or Notice to remedy breach (Form R11) may be issued.

The notice informs the other person there is a problem or dispute and asks for the situation to be fixed within a specific timeframe.

This form should not be sent to the RTA - keep a copy for your records

Notice to remedy breach (Form 11)
v13 Jun21

The Notice to remedy breach (Form 11) is used during the tenancy where either the tenants or the lessor/agent claim that there has been a 'breach' of one (or a number) of terms of the residential tenancy agreement.

72.4 kB Download

Notice to remedy breach (Form R11)
v4 Jun21

The Notice to remedy breach (Form R11) is used during a rooming accommodation tenancy to let the other person know there is a problem which must be fixed within a specific timeframe.

74.5 kB Download

Timeframes

Tenancy Type Reason Timeframe
Residential tenancy Unpaid rent 7 days (if rent has been unpaid for 7 days)
  General breach 7 days
Caravan Park Unpaid rent 5 days (if rent has been unpaid for 7 days)
  General breach 4 days
Rooming Accommodation Unpaid rent
(< 28 days)
2 days
  Unpaid rent
(> 28 days)
4 days
  General breach 5 days
Examples of breaches

Tenant: non-payment of rent, not keeping the property in good condition, keeping a pet without permission

Property manager/owner: not maintaining the property, not repairing something that was broken, not providing the services listed in the agreement

Disputing a breach notice

If the property manager/owner and tenant cannot agree about the breach, or if there is a dispute over whether the notice should have been issued, the property manager/owner or tenant may apply for dispute resolution assistance. If the matter remains unresolved they may make a non-urgent application to QCAT.

Breach is fixed

If the problem is fixed by the expiry of the breach notice, no further action is required.

  • Tenant
    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.
     
  • Property owner
    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. 

Breach is not fixed

If the breach is not resolved, you 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,

Additionally:

  • the tenant can give a Notice of intention to leave (Form 13) to end the tenancy (timeframes apply) if they are on a periodic agreement OR
  • the tenant can choose to end a fixed term agreement early, however they may need to pay compensation for breaking the lease
  • the property manager/owner can give a Notice to leave (Form 12)

If the property manager or owner finds that a significant breach has occurred they can give a Notice to leave (Form 12) and/or apply to QCAT to end the agreement.

A significant breach by a tenant involves one of these 4 issues:

  • using the property for an illegal purpose
  • more tenants in the property than stated on the agreement
  • keeping a pet when not included in the written agreement
  • a matter which will cost more than the equivalent of 1 weeks rent to fix.
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

A property manager/owner or tenant can apply to QCAT to have the tenancy ended if:

  • they have issued a Notice to remedy breach on 2 occasions for the same breach (and each breach was rectified),
  • a third breach occurs within a 12 month period, and
  • the problem is of a serious nature.

Applying to QCAT does not automatically mean the agreement will be terminated. The tenant should continue to pay rent until the agreement is formally ended.

Terminating an agreement

The person giving the notice should consider whether the problem warrants terminating the agreement. If an agreement is ended without sufficient reason the person giving the notice may be responsible for losses incurred by the disadvantaged person.

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