Legal Project Management Plan & Checklist
Use this plan when your client is a landlord or property manager in Queensland who wishes to terminate a residential tenancy and recover possession of the property, whether for rent arrears, property damage, or other breach of the tenancy agreement. Open this plan before issuing any notices: the statutory notice periods under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) are strictly prescribed, and a notice period that is even one day short is invalid, which may result in the QCAT application being dismissed and the eviction process having to restart from the beginning.
This plan applies to residential tenancy disputes in Queensland under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), with proceedings before the Queensland Civil and Administrative Tribunal (QCAT). Two forks extend the plan: eviction for rent arrears under s 280 (Fork A), with precise mathematical compliance for the arrears threshold and Form 11 timing, and eviction for objectionable behaviour under ss 290 and 345 (Fork B), which allows a direct QCAT application bypassing the standard Form 11 process in urgent circumstances.
The tenancy agreement and payment ledger are audited to confirm the specific breach and calculate all critical notice periods. A Notice to Remedy Breach (Form 11) is issued with a strictly calculated notice period of at least 7 clear days. The day of service and the day the period expires are not counted as clear days. If the breach is unremedied by the expiry of the Form 11, a Notice to Leave (Form 12) is served specifying the handover date. Notice periods for Form 12 vary by breach type: 7 days for rent arrears, 14 days for most other breaches. If the tenant does not vacate by the handover date, a QCAT Form 2 Application is filed for a termination order. QCAT hears the matter and, if satisfied that the breach is established and notices were properly issued, makes a termination order and issues a Warrant of Possession. The Warrant of Possession is filed with the Queensland Police Service, and police attend to physically remove the tenant and their possessions if necessary.
Use this fork when the specific ground for eviction is rent arrears. The rent arrears eviction pathway has its own strict mathematical requirements: the lessor can only issue a Form 11 Notice to Remedy Breach after the tenant is at least 7 days in arrears - meaning the Form 11 cannot be issued on the 7th day of arrears, only from the 8th day onwards. Getting this calculation wrong will invalidate the Form 11 and the entire eviction process will need to restart. This fork walks through the precise arrears calculation, the Form 11 timing, and the subsequent Form 12 and QCAT application.
Use this fork when the ground for eviction is objectionable behaviour - including serious harassment, threats of violence, illegal activity on the premises, or severe property damage. Unlike standard rent-arrears evictions, objectionable behaviour evictions may allow the lessor to apply directly to QCAT for a termination order and Warrant of Possession without first issuing a Form 11 Notice to Remedy Breach, where the behaviour is so serious that it is unreasonable to require the tenant to have an opportunity to remedy it. Section 345 provides an urgent direct application pathway for the most serious cases.
Key legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 277 (Form 11 Notice to Remedy Breach requirements: must specify the breach, state the required remedy, and give at least 7 clear days), s 280 (rent arrears threshold: lessor may issue Form 11 only after the tenant is at least 7 days in arrears, meaning on the 8th day of arrears), s 290 (notice to leave for objectionable behaviour: notice period requirements), s 291 (retaliatory notices are void - a Form 11 or Form 12 issued in response to the tenant exercising a lawful right is invalid), s 327 (Form 12 Notice to Leave: specifying the handover date, minimum periods by breach type), ss 340-342 (QCAT termination orders and Warrant of Possession), s 345 (urgent application to QCAT for objectionable behaviour without notice); Queensland Civil and Administrative Tribunal Act 2009 (Qld). Clear day calculation: neither the day of service nor the day the period expires is a clear day. A Form 11 served on a Monday with a 7-clear-day period expires at midnight on the following Tuesday.
* 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 Eviction (Lessor) 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 tenancy terms, audit ledgers, and establish valid statutory grounds for eviction.
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Formally serve a Notice to Remedy Breach, allowing statutory time to remedy the issue.
Draft and serve a Notice to Leave upon failure to remedy, defining the precise handover date.
File an urgent application with QCAT seeking a termination order and Warrant of Possession.
Present evidence at QCAT and secure a termination order and warrant.
Coordinate with Queensland Police to physically execute the warrant and reclaim vacant possession.