Breaches
Information for Queensland public housing tenants.
Breaches can be made by the tenant or the department.
Tenant breaches
Breaches of your tenancy include:
- behind or late paying your rent (rent arrears)
- causing damage to the property (by you, other household members or your visitors)
- causing a nuisance in the way you use the property (for example, by running a business from the property)
- operating a business from the property without our approval
- using the property for illegal purposes
- interfering with the peace, comfort or privacy of a neighbour
- failing to keep the property clean (for example, broken glass or rubbish that needs removing, long grass, car wrecks)
- keeping animals without approval
- breaking Local Government laws (for example, by keeping hazardous goods)
- not telling us if you move out of the property
- not telling us if someone new moves in to the property
- continued neighbourhood disputes (tenants, occupants or visitors causing a nuisance)
- not keeping up with payments for a prior debt (Deed of Repayment).
Notice to Remedy Breach
If you breach your tenancy agreement we will send you a Notice to Remedy Breach (RTA Form 11). You then have 10 days to remedy (fix) the breach.
If you disagree with the Notice, you can lodge a Dispute Resolution Request (RTA Form 16) with the Residential Tenancies Authority http://www.rta.qld.gov.au/Dispute-Assistance.aspx or through our appeal process.
Notice to Leave
If you fail to remedy (fix) the breach, we will send you a Notice to Leave (RTA Form 12) and you will have 14 days to move out.
If you disagree with the Notice, you can lodge a Dispute Resolution Request (RTA Form 16) with the Residential Tenancies Authority.
Termination Order
If you don’t move out within the 14 days, we will apply to the Queensland Civil and Administrative Tribunal to end your tenancy. If a Termination Order and Warrant of Possession is granted by the Tribunal you must vacate the property by the date the Tribunal sets outs.
If you don't move out by the date given on the Termination Order, the Police will enter the property under the Warrant of Possession to remove you and hand the property back to us.
Any goods valued at more than $1500 will be stored for 30 days and the costs of removal and storage charged 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.
Department breaches
Breach of the State Tenancy Agreement by the department include:
- entering your property without issuing you with an Entry Notice (RTA Form 9)
- failing to maintain your property so it’s fit for you to live in
- failing to keep your property in good condition and keep common areas clean
- failing to follow health and safety laws when using or entering the property
- failing to take reasonable steps to ensure you have 'quiet enjoyment' of the premises
- interfering with your reasonable peace, comfort or privacy of the premises.
What can I do if I think the department has breached the tenancy agreement?
- You can issue us with a Notice to Remedy Breach (RTA Form 11(2)). We have 7 days to remedy (fix) the breach.
- If we do not remedy (fix) the breach, you can issue a Notice of Intention to Leave (RTA Form 13). There is a 7-day expiry date on the Notice. If we fix the breach within the 7 days you can choose whether you stay or move out of the property.
- 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 we had damaged your goods or harassed or intimidated you or another person occupying the property.
These forms are available through the Residential Tenancies Authority.
If we declare your property 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. For after-hours emergency maintenance call 1800 808 107.
