Breaches
Information for Queensland public housing tenants.
Breaches can be made either by us (Department of Housing and Public Works), as the landlord or you, as a tenant.
Tenancy breaches
Examples of breaches
You are in breach of your tenancy agreement if:
- you fall behind paying your rent
- you or other household members or visitors damage the property
- the way you use the property (e.g. by running a business from the property) causes a nuisance
- the property is used for illegal purposes
- a neighbour’s peace, comfort or privacy is disturbed
- the property is not kept clean (e.g. rubbish, long grass, or car wrecks)
- local government laws are not met (e.g. by keeping hazardous goods)
- someone new moves into the property and you don’t tell us
- there are ongoing disputes with neighbours (including other tenants, occupants or visitors).
Disruptive behaviour and disputes
You, your household members and visitors must not disturb the peace, comfort and privacy of your neighbours. Read more about disputes with neighbours.
We can work with you and your household as early as possible to sustain your tenancy. With your consent, we can organise referrals to appropriate support agencies to help address any concerns.
We also work with other agencies such as police, child protection agencies and mental health services to resolve issues. If the issues can’t be resolved and tenants continue to disrupt their neighbourhood, we may take steps to terminate their tenancy.
We don’t tolerate:
- disruptive behaviour that is deliberate or reckless
- damages to property
- illegal activities at your property.
This is a breach of your State tenancy agreement.
Read more about our expectations of tenant behaviour.
Notice to remedy breach
If you breach your tenancy agreement, we send you a Notice to remedy breach (Form 11). You then have 14 days to fix the breach.
Under the Residential Tenancy and Rooming Accommodation Act 2008, we may issue a warning and ‘Notice to remedy’ for each confirmed incident of disruptive behaviour. We will also refer you to support agencies to help you address the disruptive behaviour.
For dangerous or severe disruptive behaviour, we may issue a ‘Notice to leave’ (see below) and we may take action to end your tenancy.
If you disagree with this action, you can talk to your nearest Housing Service Centre or lodge a complaint about our actions or service.
Notice to leave
If you fail to fix the breach after the ‘Notice to remedy breach’, we send you a Notice to leave (Form 12). You then have:
- 14 days to move out for rent arrears
- 18 days to move out for any other matter.
If you disagree with this action, you can talk to your nearest Housing Service Centre or lodge a complaint about our actions or service.
Termination order
If you receive a ‘Notice to leave’ and don’t move out within the given time frames, we may apply to the Queensland Civil and Administrative Tribunal (QCAT) to end your tenancy.
If QCAT grants a termination order and warrant of possession, you must move out by the set date. For further information, please speak with your nearest Housing Service Centre.
If any goods valued at more than $1500 are left at the property, we store them for 30 days and charge removal and storage costs to your rental account. After 30 days, we dispose of the goods via a QCAT order or sell them at auction.
If any goods valued less than $1500 are left at the property, we will create an inventory and then dispose of the goods. You may receive a debt for the removal of any items left behind.
Department breaches
We are in breach of the tenancy agreement if we:
- enter your property without getting your permission or issuing you with an Entry notice (Form 9)
- fail to maintain your property so it’s fit for you to live in
- fail to keep your property in good condition and common areas clean
- fail to follow health and safety laws when using or entering the property
- fail to take reasonable steps to ensure you have 'quiet enjoyment' of the premises
- interfere with your reasonable peace, comfort or privacy.
If you believe we’ve breached the tenancy agreement, you can issue us with a Notice to remedy breach (Form 11). We have 7 days to fix the breach.
If we don’t fix the breach, you can issue a Notice of intention to leave (Form 13). The notice has a 7-day expiry date. If we fix the breach within the 7 days, you can choose whether to stay or move out.