Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for securing an eviction based on objectionable behaviour in Queensland. Designed explicitly for lawyers and tenancy managers, this guide navigates the urgent direct application process under Section 290 or Section 345 of the Residential Tenancies and Rooming Accommodation Act 2008 (QLD). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: This guide applies to residential tenancy disputes in Queensland, Australia, and proceedings within the ().
The Process at a Glance: Unlike standard evictions, the lessor can bypass standard breach notices and apply directly to QCAT for a termination order and Warrant of Possession on the grounds of objectionable behaviour. This covers cases of serious harassment, threats of violence, illegal activities, or severe property damage. The process focuses heavily on witness statement drafting, securing police documentation (QPRIME numbers), and proving the behaviour is persistent or severe enough to justify immediate lease termination. Additional forms are accessible via the Queensland Government Portal.
* 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 Tenancy Dispute: Eviction (Lessor) - Eviction for Objectionable Behaviour 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.
Investigate the incident, compile police logs and witness affidavits, and establish the evidentiary basis.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
s290 RTRA Act 2008 - the threshold for objectionable behaviour requires proof that the tenant has: (a) Used the premises for an illegal purpose (b) Caused a serious nuisance or interference to neighbours or the lessor (c) Endangered the safety of other occupants
The behaviour must be more than merely annoying - QCAT requires evidence of persistence or severity. A single minor incident is unlikely to meet the threshold unless it involves violence or illegal activity.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
QPRIME is the Queensland Police Records and Information Management Exchange system. Incident numbers from QPRIME provide independent corroboration of reported behaviour at QCAT hearings.
Police reports are not automatically admissible - a subpoena to QPS or a request under Right to Information may be required if QPS does not voluntarily release the records.
Lodge an urgent direct application with QCAT seeking termination under s290 or s345.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Finalize all witness statements and prepare the legal arguments.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Direct QCAT application under s290/s345 bypasses the standard Form 11 → Form 12 notice process entirely. No prior breach notice is required, making this the fastest eviction pathway.
QCAT can list urgent objectionable behaviour matters within 3-5 business days where there is an immediate safety risk. Include a cover letter marked 'URGENT' explaining the safety concerns to trigger priority listing.
s290 applies to general tenancies; s345 applies to rooming accommodation. Ensure the correct section is cited based on the tenancy type.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
In objectionable behaviour matters where there is a safety risk, personal service should be avoided to protect process servers. QCAT may grant substituted service orders (e.g., service by email or affixing to the door) if personal service is impracticable or unsafe.
Apply for a substituted service order under s39 QCAT Act 2009 if the tenant is evading service or if personal attendance at the property is dangerous.
s291 RTRA Act 2008 - a tenant may argue that the eviction application is retaliatory, particularly if they recently lodged a complaint with the RTA or requested repairs. If QCAT finds the application is retaliatory, it must dismiss it.
The onus shifts to the lessor to prove the application is not retaliatory once the tenant raises the defence and establishes a temporal connection between their complaint and the eviction action.