Rent Arrears Procedure


Tenancy legislation states that your rent must be paid in advance at all times.

Our job as Managing Agents is to collect the rent on behalf of the owner.

At Solutions Property Management, we follow strict procedures in accordance with the legislation when it comes to monitoring your rent payments.

As one of our tenants, you can expect to hear from us as soon as you fall behind in your payments. Our goal is to try to assist you at the early stages, before the situation gets out of hand. Therefore, if for some reason your rent falls behind, it is imperative that you contact us so we can assist you with a payment plan and you can continue your tenancy

The following outlines our rent arrears procedure:

 

3-5 Days in Arrears

You will receive a call or SMS from us. Please do not ignore these notifications as these are courtesy warnings that your rent is now late.

 

6-7 Days in Arrears

This is a critical time, because if rent is not paid and you become 8 days behind, you will be sent a Breach Notice.

You will receive an email advising that your rent is now significantly behind. You may also receive a call from your Property Manager. Please do NOT ignore these calls as your Property Manager is trying to help you avoid the next step.

 

8 DAYS IN ARREARS – BREACH NOTICE

As per Legislation, you will be issued a Form 11 – Notice to Remedy Breach. This means that there is now an Infringement on your Tenancy Agreement, and you have 7 days to bring your rent back up to date.

Please be advised that even if you bring your rent up to date, a Breach Notice could result in your lease not being renewed at the end of the current lease.

Breach Notices remain on your tenancy record and if you need to move out, the chances of being able to find another rental property are drastically reduced.

Also, please note that any applications you may need to make for finance (such as a personal loan or a home loan) will be jeopardized if you have a Breach Notice on your record.

 

NOTICE TO LEAVE / eviction notice

If you do not make the required payment to rectify the Breach Notice, you will be issued with a Form 12 – Notice to Leave. This gives you just 7 days to vacate the property.

If you do not vacate the property by the required date, we proceed to QCAT (The Tribunal) for a Warrant of Possession. Once we are awarded this, you will have a limited time to vacate the property; otherwise the police will attend and forcibly evict you if necessary.

This is of course a very distressing situation for all concerned, but it’s a job that we unfortunately have to do. Once you have an eviction on your record, it will be almost impossible to rent through another agent for many years to come.

 

It is therefore imperative that you do all you can to avoid this happening and make your rent payments your NUMBER ONE PRIORITY.

For more information you can click HERE to log onto the RTA website’s relevant page.