Legal Project Management Plan & Checklist
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.
This fork applies to residential tenancy disputes in Queensland before QCAT under ss 290 and 345 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). The decision whether to use the standard Form 11/Form 12 pathway or the direct s 345 application depends on the severity and persistence of the behaviour. For serious immediate threats, the direct pathway is preferred.
The objectionable behaviour is documented thoroughly as soon as the lessor becomes aware of it: written statements from affected neighbours, photographs of property damage, CCTV footage, police occurrence reports (with QPRIME numbers), or court orders from related criminal or domestic violence proceedings. The practitioner assesses whether the behaviour is sufficiently serious and persistent to proceed via the direct s 345 application without a Form 11, or whether a standard Form 11 pathway under s 290 is more appropriate. If proceeding via the direct pathway: a QCAT Form 2 Application is filed with all supporting evidence attached. QCAT may list the matter urgently. At the hearing, the evidence of objectionable behaviour is presented and the practitioner submits that it is unreasonable to allow a remedy period given the nature and severity of the conduct. If QCAT is satisfied, a termination order and Warrant of Possession are made. The warrant is filed with the Queensland Police Service for execution.
Key legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 290 (notice to leave for objectionable behaviour: must give the tenant at least 2 days notice in the case of a written notice pathway), s 291 (retaliatory notices are void - a notice based on the tenant exercising a lawful right, such as complaining about repairs, is invalid and potentially grounds for compensation), s 345 (urgent application to QCAT for termination based on objectionable behaviour without notice requirement, where the behaviour is so serious that it would be unreasonable to require the tenant to have the chance to remedy it); Queensland Civil and Administrative Tribunal Act 2009 (Qld). Evidence required for s 345 urgent application: the application must demonstrate both the seriousness of the behaviour and the urgency of the situation. Bare allegations without documentary support are unlikely to succeed. Police QPRIME numbers, attendance records, and written statements from independent witnesses significantly strengthen the application.
* 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) - 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.
Lodge an urgent direct application with QCAT seeking termination under s290 or s345.
Finalize all witness statements and prepare the legal arguments.
Represent the lessor at hearing and secure the termination and Warrant of Possession.
Coordinate with QPS to execute eviction and secure the premises.
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