Tenant Is 3 Weeks Behind in Rent (New South Wales, Victoria, Queensland and Every State): The Exact Steps, in Order

Three weeks. Three missed payments, or one-and-a-half fortnightly ones. The excuses have shifted from “bank delay” to silence. If you’re reading this, you already know the tenant isn’t going to fix it on their own.

Good news: at three weeks you are past the statutory trigger in every Australian state and territory. You can serve the notice today. Here’s the sequence, in order, so you don’t lose a fortnight to a defective step.

Your rights

Non-payment of rent is a breach of the tenancy agreement in every jurisdiction. Once the statutory arrears period has run, you may serve the prescribed notice; once the notice has expired unpaid, you may apply for termination and an order for possession; and at every stage you may claim the arrears as a debt. The tribunal will also normally order that the bond be paid to you toward the arrears. What you cannot do: change locks, remove belongings, cut off utilities, or “encourage” the tenant to leave. Those are offences and hand the tenant a compensation claim.

By state

• New South Wales. Residential Tenancies Act 2010, s 88. Day 14 of arrears: serve a 14-day termination notice (no prescribed form; must state the ground and date). Day 29: if unpaid, apply to NCAT for termination and possession, plus a rent order.
• Victoria. Residential Tenancies Act 1997, s 91ZM. Day 14: serve the prescribed 14-day Notice to Vacate (Consumer Affairs Victoria form, mandatory). After expiry, apply to VCAT for a possession order and compensation for arrears.
• Queensland. RTRA Act 2008. Day 7: Form 11 Notice to Remedy Breach (7 clear days). Day 15: Form 12 Notice to Leave (7 days). Within 2 weeks after the handover day: apply to QCAT for termination and a warrant of possession (s 293(2)). Forms are mandatory.
• Western Australia. Residential Tenancies Act 1987. Fast route: serve Form 1B (7 days’ notice, no breach notice needed). Slower route: Form 21 breach notice (14 days) then Form 1A (7 days). After expiry, apply to the Magistrates Court for termination and possession.
• South Australia. Residential Tenancies Act 1995, s 80. Day 14: serve Form 5 (mandatory) giving 7 days to pay and a vacate date at least 7 days later. If the tenant stays, apply to SACAT for possession.
• Tasmania. Residential Tenancy Act 1997, s 42(1)(a). Once rent is unpaid: serve a Notice to Vacate taking effect at least 14 days after service (s 43(1)(a)); there is no minimum arrears period. If the tenant pays everything before it takes effect, it lapses (unless two prior notices in 12 months). If not, apply to the Magistrates Court for an order to vacate.
• Australian Capital Territory. Residential Tenancies Act 1997. Day 7: Notice to Remedy (7 days). Day 15: Notice to Vacate (14 days). After expiry, apply to ACAT for termination and possession.
• Northern Territory. Residential Tenancies Act 1999. Day 14: Form RT03 Notice to Remedy (7 clear days). Day 22 onward: apply to NTCAT for termination and possession.

The Claim Done document asks your state first, drafts the notice to that state’s rules, and tells you which prescribed form to use where one is mandatory.

What to do right now

1. Today: finalise the ledger and serve. Arrears amount as at today, the section relied on, the correct number of clear days, and proof of service. If your state prescribes a form, use it.
2. Same day: message the tenant. Short, factual, in writing: the notice has been served, here is the amount, here is the date, pay in full and the tenancy continues.
3. Day of expiry: check the bank. Full payment usually kills the notice. Partial payment doesn’t. Note the exact arrears figure again.
4. Day after expiry: file. Check the tribunal’s or court’s current fee for a possession application. Attach the notice, proof of service, the ledger and the tenancy agreement.
5. At the hearing: ask for everything. Termination, possession, an order for the arrears to the hearing date, daily occupation fee until vacant, and release of the bond to you.

Recovering the money, not just the property

Possession ends the bleeding. It doesn’t refund the three weeks. Ask for a money order at the same hearing: the tribunal can order the tenant to pay the arrears, and that order is enforceable like any court judgment. If the tenant vacates before the hearing, keep the application alive for the money and bond. If they’ve left owing more than the bond, that shortfall is a separate demand and, if unpaid, a small claim. The one thing that undermines all of this is an informal “just pay what you can” arrangement with no written terms, because it can be argued you waived the breach. Payment plans are fine; put them in writing and state the notice remains in force.

Who to complain to

NCAT, VCAT, QCAT, the Western Australia or Tasmanian Magistrates Court, SACAT, ACAT or NTCAT for termination, possession and a money order. Your state bond authority (Rental Bonds Online, RTBA, RTA, Bond Administrator, CBS, MyBond, Australian Capital Territory Rental Bonds, NT Consumer Affairs) for release of the bond once the tribunal has ordered it or the tenant agrees.

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Claim Done drafts a Landlord Rent Arrears Notice that is correct for your state: right trigger, right days, right content, and a plain-English note on which prescribed form to serve where one is mandatory.

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