Legal Project Management Plan & Checklist
Use this fork when the landlord's primary goal is regaining possession of the premises as quickly as possible after an unremedied breach - rather than negotiating or seeking a repayment plan. Open this fork alongside the parent plan when the client instructs you to take the fastest available eviction pathway. This fork accelerates through the Form 7 service, remedy period monitoring, and peaceful re-entry sequence with a focus on efficiency and evidentiary compliance.
Jurisdiction: Queensland. The eviction track follows the Form 7 pathway under the Property Law Act 2023 (QLD). For retail leases, mandatory QSBC mediation must precede any QCAT filing. Peaceful re-entry must be executed lawfully with a commercial agent and locksmith during daylight hours. Post-eviction debt recovery may proceed to QCAT or the Magistrates Court.
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, all prescribed notes are included, 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 - 14 to 15 clear days for rent arrears. The landlord is advised that accepting any rent payment after service of the Form 7 does not automatically waive the right to forfeiture under the 2023 Act (a significant change from the previous common law position). 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) - s154 (Form 7 Notice to Remedy Breach must use the current prescribed form exactly; any departure from the prescribed form may render the re-entry unlawful; minimum remedy period for rent arrears is 14 to 15 clear days); s156 (re-entry without a Form 7 where abandonment is reasonably believed); the 2023 Act clarifies that acceptance of rent after issuing a Form 7 does not automatically waive the right to forfeiture - this is a significant reform from the prior common law position where rent acceptance generally waived the breach. 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 ,000 for retail lease disputes; Form 53 or Form 33 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.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Commercial Lease Dispute (Lessor) - Notice to Remedy Breach (Form 7) Eviction Track matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify that all arrears calculations are documented and comply with lease disclosure regulations.
Ensure the Form 7 notice is served on the tenant and designated persons, and proof of service is secured.
Monitor remedy period expiry and coordinate physical lock-out of the premises.
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