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Rent arrears

As a tenant, you must pay your rent on time and be at least 2 weeks in advance. If you do not pay your rent your account will fall behind (into arrears) and you may be asked to leave your house.

Housing staff can help you keep your rent from falling into arrears. Talk to Housing staff as soon as possible if you are having trouble with paying your rent.

Repayment agreement

If you get behind in your rent, Housing staff can help you to make a repayment agreement with the department. Setting up a repayment agreement means you have time to slowly pay back your rent arrears.

It is very important that you keep to the repayment agreement or you will receive a notice to remedy breach.

What is a Notice to Remedy breach?

If your rent account is more than 2 weeks behind or you break your repayment agreement, you may be issued with a notice to remedy breach. The notice to remedy breach will give you 10 days to pay your rent arrears.

  • If you pay your rent arrears or make a repayment agreement with Housing staff within 10 days, no more action is taken.
  • If you do not pay your rent arrears or make a repayment agreement with Housing staff within 10 days, we may issue you with a Notice to Leave.

Important: If you have broken your repayment agreement, talk to Housing staff as soon as possible, otherwise we may issue you with a Notice to Leave.

What is a Notice to Leave?

Housing staff will always work with you to help you manage your rent arrears. However, if you do not keep to the repayment arrangement and your rent is still in arrears after getting a Notice to Remedy breach, we may issue you with a Notice to Leave. If you are issued with a Notice to Leave, you will have 16 days to either pay your rent arrears or move out of the house.

Important: If you receive a Notice to Leave, talk to Housing staff as soon as possible.

Court

If you have not paid your rent arrears or moved out of the house after 16 days of being given a Notice to Leave, we will apply to Court to evict you from the house.

  • If you pay all your rent arrears or move out, we will cancel the Court application and you won't need to go to Court.
  • If you don’t pay all your rent arrears and have not moved out you will be given a date to go to Court. At the court hearing you may either get issued with a:
    • Termination Order (eviction notice) for you to move out by a set date, or
    • an order to pay all the rent arrears by a certain time.

More information

If you are having trouble paying your rent and need help managing your rent payments please talk to Housing staff as soon as possible.

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last updated:
30 September 2014
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