Notice to remedy breach (Form 11)

Section 280 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) lets a lessor give a notice to remedy breach where rent has been unpaid for at least 7 days or the tenant has breached another term; s 301 lets a tenant give one for the lessor's breach. Section 325 requires the approved form, signed by or for the party giving it, with particulars of the breach and the date by which it must be remedied. The allowed remedy period must not end earlier than 7 days after the notice is given, or 5 days for unpaid rent under a long moveable dwelling tenancy (s 328). If the breach is not remedied in time, the lessor may give a notice to leave for an unremedied breach (s 281), or the tenant a notice of intention to leave (s 302). Form 11 is version 14 (May 2024).

When you need it

• A lessor or agent: rent has been unpaid for at least 7 days, or the tenant has breached another term, such as keeping a pet without approval.
• A tenant: the lessor has not complied with a term of the agreement, such as a repair obligation, and has not fixed it.
• Not for short tenancies of moveable dwellings (ss 280(3), 301(2)).

1. 1

   Items 1 to 3: property and parties

   Enter the rental property address, tick who is issuing the notice (owner, manager or tenants) with names and phone, and name the people it is issued to.

2. 2

   Item 4: details of the breach

   Describe the breach clearly, identifying the term of the agreement and what has or has not been done.

3. 3

   Item 5: rent arrears

   If the notice is for unpaid rent, enter the date rent was paid to, the number of days overdue and the amount owing on the date of issue. New rent falling due during the process must still be paid on time.

4. 4

   Items 6 and 7: issue and remedy dates

   Record the day, date and method of issue. Set the remedy date no earlier than the minimum period: 7 clear days, or 5 days for unpaid rent in a moveable dwelling tenancy. Add time for postal delivery if posting.

5. 5

   Item 8: signatures

   Each person issuing the notice prints their name, signs and dates.

• Give the notice to the person you believe is in breach. Do not send it to the RTA; keep a copy.
• Serve it by hand, post, or by email if agreed in the agreement. Do not count the day of service, and allow for postal delivery time.
• If the other party disputes the breach and you cannot agree, the RTA's free dispute resolution service (Form 16) may help.

• If the lessor accepts the full rent required by a rent arrears notice within the remedy period, that operates as a waiver of the breach (s 278(2)).
• For a significant breach, such as an unapproved animal or illegal use, the lessor may enter to inspect within 14 days after the remedy period ends, with an entry notice (ss 192(1)(i), 193).
• Be specific in Item 4. A vague description makes it harder to show later that the breach was not remedied.