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 tenant breaches a tenancy agreement, the property manager/owner 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.
Examples of a tenant breach: rent arrears, significant damage to the property, unauthorised pets
If the problem is fixed by the expiry of the breach notice, no further action is required. 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. This is at the property manager/owner’s discretion. This must be done in writing before the end of the notice date.
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.
Rooming accommodationSerious breaches could include:
Examples of a tenant breach: rent arrears, breach of house rules, unauthorised pets
If the problem is fixed by the expiry of the breach notice, no further action is required. 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. This is at the property manager/owner’s discretion. This must be done in writing before the end of the notice date.
If the tenant doesn't leave after being given a Notice to leave, the property manager/owner can use reasonable force to evict them, however a police officer must be present and the property manager/owner cannot endanger the tenant’s health on purpose.
Caravan parksExamples of a tenant breach: rent arrears, breach of park rules, unauthorised pets
If the problem is fixed by the expiry of the breach notice, no further action is required. 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. This is at the property manager/owner’s discretion. This must be done in writing before the end of the notice date.
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 caravan/site 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.
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.
The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the property. Correct notice periods must always be given.
