Legal Project Management Plan & Checklist
Use this plan when your client is a landlord or property manager in Queensland who wishes to terminate a residential tenancy and recover possession of the property, whether for rent arrears, property damage, or other breach of the tenancy agreement. Open this plan before issuing any notices: the statutory notice periods under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) are strictly prescribed, and a notice period that is even one day short is invalid, which may result in the QCAT application being dismissed and the eviction process having to restart from the beginning. Verify current guidelines on the official Queensland Legislation.
This plan applies to residential tenancy disputes in Queensland under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), with proceedings before the Queensland Civil and Administrative Tribunal (QCAT). Two forks extend the plan: eviction for rent arrears under s 280 (Fork A), with precise mathematical compliance for the arrears threshold and Form 11 timing, and eviction for objectionable behaviour under ss 290 and 345 (Fork B), which allows a direct application bypassing the standard Form 11 process in urgent circumstances.
Use this fork when the specific ground for eviction is rent arrears. The rent arrears eviction pathway has its own strict mathematical requirements: the lessor can only issue a Form 11 Notice to Remedy Breach after the tenant is at least 7 days in arrears - meaning the Form 11 cannot be issued on the 7th day of arrears, only from the 8th day onwards. Getting this calculation wrong will invalidate the Form 11 and the entire eviction process will need to restart. This fork walks through the precise arrears calculation, the Form 11 timing, and the subsequent Form 12 and QCAT application. Verify current guidelines on the official Queensland Legislation.
Use this fork when the ground for eviction is objectionable behaviour - including serious harassment, threats of violence, illegal activity on the premises, or severe property damage. Unlike standard rent-arrears evictions, objectionable behaviour evictions may allow the lessor to apply directly to QCAT for a termination order and Warrant of Possession without first issuing a Form 11 Notice to Remedy Breach, where the behaviour is so serious that it is unreasonable to require the tenant to have an opportunity to remedy it. Section 345 provides an urgent direct application pathway for the most serious cases. Verify current guidelines on the official Queensland Legislation.
The tenancy agreement and payment ledger are audited to confirm the specific breach and calculate all critical notice periods. A Notice to Remedy Breach (Form 11) is issued with a strictly calculated notice period of at least 7 clear days. The day of service and the day the period expires are not counted as clear days. If the breach is unremedied by the expiry of the Form 11, a Notice to Leave (Form 12) is served specifying the handover date. Notice periods for Form 12 vary by breach type: 7 days for rent arrears, 14 days for most other breaches. If the tenant does not vacate by the handover date, a QCAT Form 2 Application is filed for a termination order. QCAT hears the matter and, if satisfied that the breach is established and notices were properly issued, makes a termination order and issues a Warrant of Possession. The Warrant of Possession is filed with the Queensland Police Service, and police attend to physically remove the tenant and their possessions if necessary.
Key legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 277 (Form 11 Notice to Remedy Breach requirements: must specify the breach, state the required remedy, and give at least 7 clear days), s 280 (rent arrears threshold: lessor may issue Form 11 only after the tenant is at least 7 days in arrears, meaning on the 8th day of arrears), s 290 (notice to leave for objectionable behaviour: notice period requirements), s 291 (retaliatory notices are void - a Form 11 or Form 12 issued in response to the tenant exercising a lawful right is invalid), s 327 (Form 12 Notice to Leave: specifying the handover date, minimum periods by breach type), ss 340-342 (QCAT termination orders and Warrant of Possession), s 345 (urgent application to QCAT for objectionable behaviour without notice); Queensland Civil and Administrative Tribunal Act 2009 (Qld). Clear day calculation: neither the day of service nor the day the period expires is a clear day. A Form 11 served on a Monday with a 7-clear-day period expires at midnight on the following Tuesday.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Tenancy Dispute: Eviction (Lessor) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify tenancy terms, audit ledgers, and establish valid statutory grounds for eviction.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Waiver risk - accepting rent after knowledge of a breach may constitute waiver of the right to rely on that breach for termination. Ensure no rent has been accepted after the breach date without a written reservation of rights.
The RTA Form 18a is the prescribed General Tenancy Agreement under the RTRA Act 2008. Any non-prescribed agreement may still be enforceable but creates additional evidentiary burdens at QCAT.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
s290 RTRA Act 2008 - allows a lessor to apply directly to QCAT (bypassing Form 11/12) where a tenant has used the premises for an illegal purpose or has caused a serious nuisance or interference.
s345 RTRA Act 2008 - applies to rooming accommodation and allows direct application where a resident's behaviour is objectionable or incompatible with other residents.
Direct QCAT applications under s290/s345 do not require prior breach notices, making them the fastest eviction pathway in urgent cases.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Formally serve a Notice to Remedy Breach, allowing statutory time to remedy the issue.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Form 11 clear days calculation - under the RTRA Act 2008, the 7 clear days excludes both the day of service and the day on which the remedy period expires. Example: served Monday → earliest remedy expiry is the following Wednesday (not Tuesday).
Acts Interpretation Act 1954 (QLD) s39AA - where a notice is served by post, service is deemed to occur 4 business days after posting. This extends the effective remedy period significantly.
A Form 11 specifying an incorrect arrears amount (even by cents) can be challenged at QCAT as invalid.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Service methods under s534 RTRA Act 2008 - personal delivery, post, fax, or email (only if the agreement specifically authorises email service). QCAT Members routinely scrutinise service proof; an affidavit of service (Form 9) is strongly recommended even for registered post.
Draft and serve a Notice to Leave upon failure to remedy, defining the precise handover date.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Form 12 notice periods vary by ground under the RTRA Act 2008:
The handover date must be calculated starting the day after service - not from the date of service itself.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
QCAT is strict on Form 12 service compliance - if the handover date is even one day short of the statutory minimum, the entire application will be dismissed and the lessor must restart the process from Form 11 or Form 12 (depending on the defect).
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.