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.
A breach of the tenancy agreement is when the property manager/owner or tenant fails to comply with any part of the agreement.
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
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.
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.
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 | 7 days | |
| Rooming Accommodation | Unpaid rent ( < 28 days) | 2 days |
| Unpaid rent (> 28 days) | 4 days | |
| General breach | 5 days |
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
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.
If the problem is fixed by the expiry of the breach notice, no further action is required.
If the breach is not resolved, you can:
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:
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.
A property manager/owner or tenant can apply to QCAT to have the tenancy ended if:
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.
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.
