A breach is when either the tenant or the department breaks the agreement they have.
As a tenant, what are the possible breaches of the State Tenancies Agreement?
Breaches of the conditions of your tenancy may include:
- rent arrears;
- causing damage to the property (by you, other household members or your visitors);
- causing a nuisance by the use of the property (for example, by using paints or chemicals on the premises that go onto or cause odours on adjoining land);
- conducting a business from the premises without departmental approval;
- interfering with the peace, comfort or privacy of a neighbour;
- failing to keep the property clean (for example, the presence of broken glass, long grass, car wrecks);
- keeping animals without approval;
- breach of Local Government local laws (for example, by keeping hazardous goods);
- failing to advise the department you no longer reside in the property;
- failing to advise the department of new residents in the property;
- continued neighbourhood disputes (tenants, occupants or visitors causing a nuisance); and
- failure to maintain a Deed of Repayment for prior debts.
What happens if I breach my State Tenancy Agreement?
If you breach your State Tenancy Agreement, you will be issued with a Notice to Remedy Breach (RTA Form 11) which will give you 10 days to remedy the breach. If you disagree with the Notice, you can lodge a Dispute Resolution Request (RTA Form 16) with the Residential Tenancies Authority.
What happens if I fail to remedy the breach?
If you fail to rememdy the breach, the department will issue a Notice to Leave (RTA Form 12) which allows you 14 days to hand back the property. Again, you can lodge a Dispute Resolution Request (RTA Form 16) with the Residential Tenancies Authority if you disagree with the Notice.
Should you fail to leave after the period stated in the Notice, the department will makes an Application for Termination for Failure to Leave to the Queensland Civil and Administrative Tribunal. A Termination Order and Warrant of Possession may then be granted by the Tribunal which states the period you must vacate the premises.
What if I don't leave the property by the date on the Termination Order?
If you don't move out by the date given on the Termination Order, the police will enter the premises under the Warrant of Possession to remove you and hand the property back to the department.
What happens if I have left my belongings in the property?
Any goods valued at more than $1500 will be stored for 30 days with costs incurred added to your rental account. After the 30 day period the goods will either be disposed of via an Order from the Queensland Civil and Administrative Tribunal or sold at auction first.
What if I want to get my belongings back?
Should you wish to reclaim your goods within the 30 day period, the cost of storage and removal of the goods must be paid to the department.
How can the department breach the State Tenancy Agreement?
The department can breach your State Tenancy Agreement by:
- entering your premises without issuing you with an Entry Notice (RTA Form 9);
- failing to maintain your premises so they remain fit for you to live in;
- failing to maintain your premises in good repair and keep common areas clean;
- failing to ensure that any law dealing with issues about the health and safety of using or entering the premises is complied with;
- failing to take reasonable steps to ensure you have 'quiet enjoyment' of the premises; or
- interfering with your reasonable peace, comfort or privacy of the premises.
What do I do if I think the department has breached the tenancy agreement?
- You can issue a Notice to Remedy Breach (RTA Form 11(2)) to the department - the department then has seven days to remedy the breach. An example is if entry to the premises was not in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (for example, the department did not issue an Entry Notice (RTA Form 9)).
- If the department does not remedy the breach, you can issue a Notice of Intention to Leave (RTA Form 13). There is a seven day expiry date on the Notice. You can choose to stay if the department fixes the breach within these seven days.
- You can apply for a Termination Order via the Queensland Civil and Administrative Tribunal to end your tenancy. Reasons you would apply for this include if the department has damaged your goods or harassed or intimidated you or another person occupying the premises.
- If the department has declared your premises abandoned and you are unhappy with this decision, you can apply for a re-hearing to the Queensland Civil and Administrative Tribunal.
- If the department has not made repairs to the premises within a reasonable time frame, you can arrange for a suitably qualified person to complete the repairs.
- Note: for after-hours emergency maintenance only, please call the department on 1800 808 107.
This is the process if a tenant breaches their Agreement.