What happens if Tenants don’t leave on a Notice to Leave for Rental Arrears?

By September 24, 2018 No Comments

Once all the necessary forms have been issued, and Tenants do not vacate on the required expiry date of the Notice to Leave, the Agent must apply to QCAT for a Warrant of Possession.

After the application is made, it may take 3-8 weeks to obtain a Hearing (depending on the time of year and location of the Courthouse).

At the Hearing, the Agent presents their case and must show that all the correct notices have been issued to the tenants at the appropriate times. If the tenant wants to remain at the property, they will also be in attendance and be given a chance to present their case. If the Agent presents a good case backed with factual evidence, the adjudicator will most likely grant a Warrant of Possession, giving the Tenant as much as 3 weeks to vacate the property.