Regardless of agency policy rental arrears are a fact of life.
Despite the best intentions of our tenants unavoidable situations such as job loss can impact their ability to fulfill their rental obligations.
First and foremost when these situations arise tenants are always encouraged to get in contact with us. We can discuss with them their circumstance(s) and outline their obligations moving forward.
Additionally everytime tenants pay their rent they are issued with a receipt via email. Attached to this email are links to various forms including:
- rent difficulty payment requests
- break lease form etc
These forms enable the tenant to commence the vacate process well in advance should they foresee any issues with their ability to make their onging commitments to the property.
Rent Default Process
Under the RTRA Act, action can only be taken against a tenant when they are seven clear days behind in their rent payments. Up until this time the tenant is sent reminders that their rent remains in arrears.
Section 280 allows our agency on your behalf to serve a breach notice to the tenant on the 8th day of arrears. Under legislation (Residential Tenancies and Rooming Accommodation Act QLD) the tenant is then given the allowed remedy period (which is seven days) to pay the rent owing (plus in most cases, an additional two days for postage if the notice is posted).
We shall advise you promptly if rent defaults occur and keep you informed of the developments until there is an outcome.
If a tenant fails to remedy a breach for rent arrears (or other breach), after seeking your instructions, our agency on your behalf can then issue the tenant with a RTA Form 12 Notice to leave for failure to remedy the breach.
The Notice to Leave period for rent arrears is a further 7 days; a Notice to leave for other than rent arrears is 14 days (plus two days postage if posted). This means that the tenancy will be terminated due to the breach. If the Notice to leave is withdrawn, we are required on your behalf to withdraw the notice in writing to the tenant and seek their written agreement to do so (section 333 of the RTRA Act).
We will be in regular contact with you should the above situation occur.
It’s why as a Landlord you should always have a comprehensive Landlord Protection policy that will respond in these circumstances.
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