Addressing the Misconceptions Surrounding Repeated Breaches (Section 299 of the RTRA Act)
The RTRA Act Section 299 has provisioned that the landlord can urgently apply with QCAT to have a tenancy terminated in cases of repeated breaches. However, there seems to be a confusion around the term “Repeated Breaches”. When can you say that there is a repeated breach of agreement?
Repeated Breaches basically mean Repeated Remedied Breaches wherein the same breach must have occurred more than twice in the period of 12 months, and that a notice to remedy breach must have been issued for the previous same breaches and have been remedied by the expiry date.
On the third breach, the landlord or the property manager can apply for termination of the tenancy with QCAT on the grounds of Repeated Breaches. The conditions are as follows:
- the problem should be of a serious nature, otherwise, QCAT will not terminate the tenancy.
- a Notice of Remedy Breach was given on each instance
- each problem should be the same and was remedied
More often than not, people get confused over the use of Section 299 of the RTRA Act. The number of times the tenants has had the same breach does not matter because it does not require more action compared to just a couple of breaches. The basic purpose of this section is to warn tenants who are likely to cause trouble to their landlords, preventing them to attempt to continue their behaviour and to make them aware that it will not be tolerated by either the landlord or the property manager.
You can only apply for repeated breaches if the breach was resolved during the Notice to Remedy Breach (RTA Form 11). If the breach is not remedied by the expiry date stated in Form 11, the landlord can either advise the property manager to serve a Notice to Leave (RTA Form 12), or they can just set the notice aside. Whichever option the landlord chooses to take, it would be wise to have the instructions given in writing.
