Tenant Damaged Rental Property in Queensland: Notice to Remedy or QCAT Claim?

Your tenant has damaged your Queensland rental property. Walls are marked, fixtures are broken, or carpets are ruined beyond normal wear and tear. You want compensation, but you are not sure whether to issue a formal breach notice first or go straight to the Queensland Civil and Administrative Tribunal (QCAT).

The answer depends on whether the tenancy is still active, the type of damage, and whether you need the tenant to fix the problem or simply pay for it. This guide walks through both pathways under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) so you can choose the right one.

When to Issue a Notice to Remedy Breach

A Notice to Remedy Breach (Form 11) is used when the tenancy is still active and you want the tenant to fix the problem or stop the damaging conduct. It is not a claim for money — it is a formal warning that gives the tenant a chance to remedy the breach before you escalate.

Use a breach notice if:

• The tenancy is ongoing — the tenant is still living in the property
• The damage is repairable — broken fixtures, holes in walls, damaged appliances that can be fixed
• You want the tenant to repair it — rather than claiming compensation immediately
• The conduct is continuing — for example, the tenant is allowing pets that are damaging the property, or guests are causing repeated damage

You must give the tenant 7 days to remedy the breach. If they fix the problem within that time, the breach is cured and you cannot use it as grounds for termination. If they do not remedy it, you can then apply to QCAT for a termination order or compensation.

What the breach notice must include:

• Form 11 — the prescribed form
• Details of the breach — specific description of the damage (e.g. “large hole in bedroom wall”, “broken kitchen cabinet door”)
• What must be done — clear instructions on how to remedy (e.g. “repair the hole and repaint to match existing colour”)
• Deadline — 7 days from the date the notice is given
• Consequences — statement that failure to remedy may result in QCAT application or termination

The notice must be properly served — hand-delivered, posted to the property, or emailed if the tenant has agreed to electronic service in writing.

Example scenario:

Your tenant has installed unauthorised picture hooks throughout the property, leaving dozens of holes in the walls. The tenancy has 4 months remaining. You issue a Form 11 Notice to Remedy Breach requiring the tenant to fill and paint all holes within 7 days. The tenant complies. The breach is remedied, and the tenancy continues.

When to Apply Directly to QCAT

You apply directly to QCAT when you are seeking compensation for damage that has already occurred, or when the tenancy has ended and you need to recover the cost of repairs from the bond or the tenant personally.

Use a QCAT application if:

• The tenancy has ended — the tenant has vacated and you are claiming for damage discovered during the final inspection
• The damage cannot be remedied by the tenant — the item is destroyed, or professional repair is required
• You want monetary compensation — not just a repair, but payment for the cost of fixing or replacing damaged items
• The breach notice period has expired — you issued a Form 11, the tenant did not remedy, and now you are claiming compensation

QCAT has jurisdiction to order compensation for damage, provided the damage is beyond fair wear and tear. Fair wear and tear means the natural deterioration that occurs from ordinary use over time — faded paint, worn carpet in high-traffic areas, minor scuff marks. Damage means something broken, stained, or destroyed through misuse, negligence, or intentional conduct.

What QCAT can order:

• Compensation — payment for repair or replacement costs
• Bond deduction — authorisation to retain part or all of the bond to cover the damage
• Termination — if the tenancy is ongoing and the damage is serious or repeated

QCAT cannot award compensation for fair wear and tear. The landlord must prove the damage on the balance of probabilities using evidence such as entry and exit condition reports, photos, repair quotes, and invoices.

Example scenario:

Your tenant vacates after a 12-month lease. The exit inspection reveals red wine stains on the bedroom carpet, a smashed bathroom mirror, and a broken oven door. You apply to QCAT seeking $2,400 in compensation — $800 for carpet replacement, $300 for the mirror, and $1,300 for the oven door. You provide the entry condition report (showing the items were in good condition at the start), exit photos, and quotes from licensed tradespeople. QCAT orders the tenant to pay $2,400, and the bond is released to you.

Damage During Tenancy vs Damage After Vacating

The timing of the damage determines which pathway you use.

Damage discovered during the tenancy:

If you become aware of damage while the tenant is still living in the property — through a routine inspection, a repair callout, or a complaint from neighbours — you typically must issue a Form 11 Notice to Remedy Breach first (unless the damage is so severe it justifies immediate termination).

You cannot apply to QCAT for compensation until you have given the tenant the opportunity to remedy the breach. If the tenant fixes the damage within 7 days, the breach is cured and you cannot claim compensation for it.

If the tenant does not remedy the breach, you can then apply to QCAT seeking:

• Compensation for the damage
• A termination order (if the breach is serious or repeated)
• Both

Damage discovered after vacating:

If the damage is discovered during the exit inspection after the tenant has vacated, you do not need to issue a breach notice. You apply directly to QCAT seeking compensation, typically as part of the bond dispute process.

The bond is held by the Residential Tenancies Authority (RTA). If you and the tenant cannot agree on how to divide the bond, either party can apply to QCAT for a bond dispute hearing. You claim the cost of repairing the damage, and the tenant argues it was fair wear and tear or pre-existing. QCAT decides based on the evidence.

What Counts as Damage vs Fair Wear and Tear

This is the most contested issue in QCAT rental damage claims. QCAT decisions typically apply these principles:

Fair wear and tear (landlord cannot claim):

• Faded or sun-damaged curtains or carpet
• Minor scuff marks on walls from furniture
• Worn carpet in high-traffic areas (hallways, living room)
• Small nail holes from picture hooks (1-2 per room)
• Loose door handles or hinges from regular use
• Faded or chipped paint from age and sunlight

Damage (landlord can claim):

• Large holes in walls (fist-sized or bigger)
• Burn marks on carpet, benchtops, or floors
• Broken tiles, mirrors, or glass
• Stains on carpet from spills (wine, food, pet urine)
• Damaged or missing light fittings, door handles, or appliances
• Unauthorised modifications (e.g. removed built-in wardrobes, painted walls without permission)
• Pet damage (scratched doors, chewed skirting boards, urine-soaked flooring)

The landlord must prove the damage was caused by the tenant and was not pre-existing. This is why entry and exit condition reports are critical. If the entry report does not mention a stain or a hole, and the exit report does, the inference is that the tenant caused it.

Evidence You Need for a QCAT Claim

QCAT will not award compensation without evidence. You must prove:

1. The damage exists — photos, videos, inspection reports
2. The tenant caused it — entry condition report showing the item was in good condition at the start of the tenancy
3. The cost to repair or replace — quotes or invoices from licensed tradespeople

Essential evidence:

• Entry condition report — signed by both parties at the start of the tenancy, with photos
• Exit condition report — completed after the tenant vacates, with photos
• Photos or videos — clear, dated images showing the damage
• Repair quotes — at least two quotes from licensed tradespeople (plumbers, electricians, carpet cleaners, painters)
• Invoices — if repairs have already been completed, provide tax invoices showing the cost
• Lease agreement — showing the tenant’s obligations to maintain the property

QCAT does not accept vague claims like “the carpet is ruined” without evidence of what caused the damage, when it occurred, and how much it costs to fix.

QCAT Application Process for Rental Damage Claims

Applying to QCAT for compensation typically involves these steps:

1. Complete the application form — Form 31 (Minor civil dispute) if the claim is under $25,000
2. Pay the filing fee — fees vary based on claim amount (check current QCAT fee schedule)
3. Serve the application on the tenant — you must give the tenant a copy of the application and all supporting documents
4. Attend the hearing — QCAT hearings are informal, but you must present your evidence and explain your claim
5. Receive the order — QCAT will issue a written decision, usually within 2-4 weeks

If QCAT orders the tenant to pay compensation and they do not pay voluntarily, you can enforce the order through the Queensland Magistrates Court.

How ClaimDone Helps Queensland Landlords

If you need to issue a Notice to Remedy Breach to a tenant who has damaged your Queensland rental property, ClaimDone generates a compliant Form 11 citing the specific breach. You upload your evidence — photos of the damage, the lease agreement, and the entry condition report — and our Proprietary AI Engine drafts the notice in 60 minutes.

If the tenancy has ended and you are preparing a QCAT application for compensation, ClaimDone helps you organise your evidence, draft written submissions, and prepare witness statements if required. We do not give legal advice, but we generate the legal-style documents you need to present your case clearly.

For urgent or complex disputes — such as claims over $10,000, criminal damage, or cases involving disputed liability — we recommend consulting a Queensland property lawyer or tenancy advocate.

Get Your Notice to Remedy Breach or QCAT Documents

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Frequently Asked Questions

Do I have to issue a breach notice before applying to QCAT in Queensland?

If the tenancy is still active and the damage is repairable, yes — you typically must issue a Form 11 Notice to Remedy Breach and give the tenant 7 days to fix the problem. If the tenancy has ended, or the damage cannot be remedied by the tenant, you can apply directly to QCAT for compensation.

Can I claim for carpet wear and tear in a QCAT damage claim?

No. QCAT does not award compensation for fair wear and tear, which includes faded or worn carpet in high-traffic areas from ordinary use. You can only claim for damage such as burns, stains, or holes caused by the tenant’s negligence or misuse.

What evidence do I need to win a rental damage claim at QCAT?

You need an entry condition report showing the item was in good condition at the start, an exit condition report showing the damage, photos or videos of the damage, and at least two repair quotes from licensed tradespeople. Without this evidence, QCAT is unlikely to award compensation.

Can I deduct damage costs from the bond without going to QCAT?

Only if the tenant agrees in writing. If the tenant disputes your bond claim, either party can apply to QCAT for a bond dispute hearing. QCAT will decide how the bond is divided based on the evidence of damage vs fair wear and tear.

How long do I have to apply to QCAT after the tenant vacates?

Bond disputes should typically be lodged within a reasonable time after the tenancy ends — usually within 1-3 months — or the RTA may release the bond to the tenant. For general damage claims, limitation periods apply but vary based on the circumstances.