Commercial Lease Dispute (Lessor) - Notice to Remedy Breach (Form 7) Eviction Track

The Process at a Glance: The landlord's arrears are verified to the cent and prohibited outgoings (land tax, capital expenditure, depreciation) are excluded. A locksmith and commercial agent are tentatively engaged. The Form 7 Notice to Remedy Breach is drafted to exactly match the current prescribed form under the Property Law Act 2023, the matters required by s 153 are stated, and the notice is served on the tenant and all designated persons (sub-tenants and mortgagees) with a proof of service affidavit obtained immediately. The remedy period is monitored - it must be a reasonable period having regard to the nature and extent of the breach (s 153(2)); the Act sets no fixed number of days. The landlord is advised that, under s 155, accepting rent after the Form 7 is given does not operate as a waiver of the right to forfeit for the breach, subject to any agreement to the contrary. If the breach is not remedied by the deadline and mediation requirements are satisfied, peaceful re-entry is coordinated: premises are photographed, an inventory of tenant goods is prepared, re-entry notice is posted on the door, and guarantors are notified simultaneously. Post-eviction debt recovery is filed at QCAT or the Magistrates Court.

Key Legislation and Case Law: Property Law Act 2023 (QLD) - s153 (Form 7 Notice to Remedy Breach must be in the approved form and state the matters s 153(1) requires; a lessor may re-enter for breach only after such a notice; the remedy period must be reasonable and no number of days is fixed); s156 (re-entry without a Form 7 where abandonment is reasonably believed); s155 (acceptance of rent or another amount after a Form 7 is given does not operate as a waiver of the right to forfeit for the breach, subject to any agreement to the contrary). Retail Shop Leases Act 1994 (QLD) - mandatory QSBC mediation before QCAT proceedings; prohibited outgoings (land tax, capital expenditure, depreciation) must not be included in the arrears claim. QCAT jurisdiction: up to $750,000 for retail lease disputes; Form 3 (minor debt) or Form 34 (retail tenancy dispute) for post-eviction debt recovery. Peaceful re-entry: must be conducted during daylight hours with a commercial agent; the premises must be photographed comprehensively and an inventory of tenant goods prepared; re-entry notice must be pasted on the door. Personal Property Securities Act 2009 (Cth) - PPSR search on the tenant to identify secured interests over goods left on the premises after eviction.

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This legal matter plan provides a structured workflow for Property Disputes cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.