General tenancies
- If the tenant falls more than 7 days behind in the rent, the property manager/owner can give them a Notice to remedy breach (Form 11), giving them 7 days to pay the outstanding amount.
- If the tenant pays the rent within the timeframe their tenancy agreement will continue. Keep in mind, any new rent may also be due during the breach process.
- If the tenant doesn’t pay the rent arrears, the property manager/owner can give them a Notice to leave (Form 12), giving them a minimum of 7 days to move out.
- The tenant then needs to move out within the timeframe, or pay the rent and ask if they can stay (in writing). It is the property manager/owner’s decision whether the tenant can stay. If they agree to let the tenant stay, this agreement should be given in writing.
- If the tenant doesn’t move out, the property manager/owner can lodge an urgent application directly with QCAT for an order to make them leave called a Warrant of possession.
- If arrears or repairs are outstanding over the bond amount, you can also be listed on default tenancy databases which will affect your credit rating until rectified.
If you find yourself in a position of rent arrears, communication is vital with the agent to ensure that all parties understand the legislation and processed involved. A written repayment plan to rectify may be arranged if the owner is agreeable.
Contents Insurance – It’s YOUR Responsibility
While building insurance is the responsibility of the landlord, as a tenant, it is crucial that you arrange your own tenant’s contents insurance.
Why?
Because if your goods are damaged or destroyed by circumstances affecting the owner’s property (due to things like fire, storm damage, power outages etc.) your goods and possessions are not covered by the owner.
Consider the following scenarios:
Example One:
An electrical fault in the building starts a fire and the property is destroyed. Your possessions will not be covered by the owner’s insurance.
Example Two:
You are away on holidays and the power cuts out due to an electrical fault in the building. You return home to find the food in your fridge/freezer has been spoiled. The owner’s insurance will not cover replacement of your spoiled goods.
Example Three:
A storm causes a tree to fall onto your home, which damages the exterior of the home and also some of your belongings. While the owner’s insurance will cover damage to the property’s exterior, it will not cover the damage to your possessions.
In all cases above, the owner/agent would not be liable for your damaged or destroyed possessions. Quality tenant’s contents insurance should cover you however. Please check with your insurer for the best insurance cover to suit your needs.
What to do when you want the locks changed?
There are rules that must be followed if you would like to change your locks:
- Ask yourself is it necessary. Has there been an emergency to warrant the change?
- Contact your Property Manager to seek permission to have the locks changed.
- If approved, once the locks have been changed, a copy of the keys must be issued to the Property Manager within 7 days and a new key sheet signed by the Tenant.
- If the Tenant is paying for this service as part of the request, a copy of the invoice is to be presented to the Property Manager.
Free iPad for Referrals
If you refer somebody to us, and they engage us for the management of their property, you will be eligible for our FREE iPad offer!
Contact us for further details.