Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for executing a tenant eviction due to rent arrears in Queensland. Designed explicitly for lawyers and property managers, this guide covers the strict rent default requirements under Section 280 of the Residential Tenancies and Rooming Accommodation Act 2008 (QLD). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: This guide applies to residential tenancy disputes in Queensland, Australia, and proceedings within the ().
The Process at a Glance: Evicting for rent arrears requires precise mathematical and notice compliance. A Form 11 can only be served once the tenant is at least 7 days in arrears (i.e. on the 8th day). The tenant must be given 7 clear days to remedy the breach. If unremedied, a Form 12 is served with a 7-day notice period. Non-compliance at handover enables an immediate application to QCAT using Form 2 for a Warrant of Possession. This guide details notice period calculations, ledger requirements, and tribunal enforcement. Additional forms are accessible via the Queensland Government Portal.
* 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) - Eviction for Rent Arrears 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.
Audit the rent ledger to confirm the tenant is precisely 7 days in arrears before initiating breach procedures.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
s280 RTRA Act 2008 - a Form 11 for rent arrears cannot be issued until rent has been unpaid for at least 7 days. The earliest the Form 11 can be served is on the 8th day of arrears. Serving even one day early renders the notice invalid.
Pending bank transfers - check the tenant's payment method. Direct debits and BPAY transfers can take 1-3 business days to clear. If a payment was initiated before the Form 11 was served, QCAT may find the threshold was not met.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
An inaccurate arrears figure on the Form 11 - even by cents - can render the notice invalid at the QCAT hearing. Always calculate from the weekly rent divided by 7 to get the precise daily rate, then multiply by the number of days in arrears.
Serve Form 11, monitor compliance, and verify the breach remains unpaid after 7 clear days.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Issue Form 12, establish handover parameters, and confirm tenant did not vacate.
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.
7 clear days rule for Form 11 - the day of service and the day of expiry are both excluded from the count. Example: served on a Monday, the 7 clear days begin on Tuesday, and the remedy period expires on the following Monday (day 8).
Postal service - Acts Interpretation Act 1954 s39AA deems postal service to occur 4 business days after posting. This must be added on top of the 7 clear days.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Partial payment risk - accepting a partial payment after a Form 11 has been served may constitute waiver of the breach if not handled carefully. Best practice: accept the payment 'without prejudice' and note on the file that the full arrears remain unremedied. Document this in writing to the tenant.
If the tenant pays the full arrears within the remedy period, the breach is remedied and the Form 11 process must stop. The lessor cannot proceed to Form 12.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Form 12 for unremedied rent arrears - the 7-day notice period runs from the day after service. If the Form 12 is served on a Monday, the earliest handover date is the following Monday.
All named tenants on the lease must be served individually. Failure to serve one co-tenant may invalidate the notice as against all tenants.