Legal Project Management Plan & Checklist
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.
This fork applies to residential tenancy disputes in Queensland before QCAT under s 280 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). The process is sequential and each step must strictly follow the previous one. Any procedural error invalidates subsequent notices.
The tenancy agreement is reviewed to confirm the rent amount, due date, and payment method. The ledger is audited precisely to calculate the first day of arrears (the day after the rent was due but not paid). The 7-day minimum arrears period is calculated: the Form 11 can only be issued on or after the 8th day of arrears. The Form 11 is prepared, specifying the exact amount of arrears and the required remedy (payment of all arrears in full). A minimum of 7 clear days is given for the tenant to remedy the breach. If the tenant pays all arrears within the 7 clear days, the Form 11 lapses and no further action can be taken on those arrears. If the breach is unremedied, a Form 12 Notice to Leave is served with a 7-day notice period for the handover date. If the tenant does not vacate by the handover date, a QCAT Form 2 Application for a termination order and Warrant of Possession is filed urgently.
Key legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 280 (Form 11 for rent arrears: can only be issued after the tenant is at least 7 days in arrears; minimum of 7 clear days to remedy), s 277 (Form 11 general requirements: must identify the breach and specify the remedy), s 327 (Form 12 Notice to Leave for unremedied rent arrears breach: 7-day notice period for handover), ss 340-342 (QCAT application for termination order and Warrant of Possession); Queensland Civil and Administrative Tribunal Act 2009 (Qld). Critical calculation: rent is typically due on a fixed day each week or fortnight. Arrears begin the day after the due date passes without full payment. Day 1 of arrears is the day after the due date. The Form 11 can be issued on Day 8 of arrears (8th day after the due date passed). If the Form 11 is issued on Day 7 or earlier, it is invalid.
* 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 Rent Arrears 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.
Audit the rent ledger to confirm the tenant is precisely 7 days in arrears before initiating breach procedures.
Serve Form 11, monitor compliance, and verify the breach remains unpaid after 7 clear days.
Issue Form 12, establish handover parameters, and confirm tenant did not vacate.
File QCAT Form 2, represent the lessor, and secure the termination order.
Retrieve the warrant, coordinate with police, execute the eviction, and initiate bond claims.
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