Tenant Hasn’t Paid Rent: What Notice Do I Actually Have to Give? (Every State)

The rent didn’t land on the 1st. Or the 8th. The tenant’s last message said “sorry, pay day is Thursday” and Thursday came and went. You’re now covering the mortgage out of your own pocket and every day you wait is money you may never see.

Here’s the trap. A rent-arrears notice that’s served a day too early, gives a day too little, or isn’t on the right form can be invalid. If the tribunal will not act on it, you start again from day one. Getting the first notice right avoids starting again.

Your rights

Every residential tenancy statute treats non-payment of rent as a breach that entitles you to serve a notice and, if the arrears aren’t cleared, to seek termination and possession from the tribunal or court. You are also entitled to recover the arrears themselves as a debt, and to claim against the bond at the end. Two universal rules: you must give the tenant the statutory chance to pay before termination proceeds, and you can never change the locks or remove the tenant yourself. Only a tribunal or court order, enforced by the sheriff or bailiff, ends a tenancy against the tenant’s will.

By state

• New South Wales. Residential Tenancies Act 2010, s 88. Rent must be at least 14 days in arrears before you serve a termination notice giving at least 14 days. No prescribed form, but the notice must state the ground and the termination date. Apply to NCAT for termination and possession if the tenant doesn’t pay or leave.
• Victoria. Residential Tenancies Act 1997, s 91ZM. Rent at least 14 days in arrears; serve a 14-day Notice to Vacate on the Consumer Affairs Victoria prescribed form (mandatory). Then apply to VCAT for a possession order.
• Queensland. Residential Tenancies and Rooming Accommodation Act 2008. Rent 7 days in arrears: serve RTA Form 11 Notice to Remedy Breach giving 7 clear days. If unpaid, serve Form 12 Notice to Leave giving 7 days. Both RTA forms are mandatory. Then QCAT.
• Western Australia. Residential Tenancies Act 1987. Either serve a Form 21 breach notice (14 days to pay) followed by Form 1A notice of termination (7 days), or go straight to Form 1B (7 days) without a breach notice. Prescribed forms are mandatory. Then the Magistrates Court.
• South Australia. Residential Tenancies Act 1995, s 80. Rent at least 14 days in arrears; serve Form 5 (mandatory) giving at least 7 days to pay, and a vacate date at least 7 days after that. Then SACAT.
• Tasmania. Residential Tenancy Act 1997, s 42(1)(a). No minimum arrears period; the Notice to Vacate must take effect at least 14 days after service (s 43(1)(a)). The notice lapses if the tenant pays all arrears before it takes effect (unless it’s the third notice in 12 months). Then apply to the Magistrates Court for an order to vacate.
• Australian Capital Territory. Residential Tenancies Act 1997. Rent at least 7 days in arrears; serve a Notice to Remedy giving 7 days. If unpaid, serve a Notice to Vacate giving 14 days. Then ACAT.
• Northern Territory. Residential Tenancies Act 1999. Rent at least 14 days in arrears; serve Form RT03 Notice to Remedy Unpaid Rent giving 7 clear days. If unpaid, apply to NTCAT for termination.

The Claim Done document asks your state first, drafts the notice to that state’s content requirements, and tells you exactly which prescribed form (if any) you must attach or use instead.

What to do right now

1. Build the rent ledger. Every rent due date, every payment received, and the running arrears figure. The notice must state an accurate arrears amount as at the date of service. A wrong figure is a common reason notices fail.
2. Check your trigger date. Count the days from the first missed payment. Don’t serve on day 13 in a 14-day state.
3. Serve it properly. Hand delivery, post (add the postal days your state requires), or email if the tenant has agreed to email service in writing. Keep proof.
4. Diary the expiry date. Count clear days. If the tenant pays in full, the notice usually lapses. If not, file with the tribunal the day after it expires.
5. Keep talking, in writing. A payment plan is fine, but put it in writing and make clear the notice stands until the arrears are cleared.

The three mistakes that can invalidate a rent-arrears notice

• Wrong form. Queensland, Victoria, Western Australia, South Australia and the Northern Territory prescribe forms. A letter that “says the same thing” is not the form. New South Wales, Tasmania and the Australian Capital Territory don’t prescribe forms but do prescribe content, and missing a required statement is fatal.
• Short notice. Postal service adds days. “14 days” means 14 clear days after the tenant receives it, not after you posted it.
• Serving too early. Rent is “in arrears” the day after it’s due, but the statutory trigger (7 or 14 days) must have fully run before you serve.

Who to complain to

For the termination and possession order: NCAT (New South Wales), VCAT (Victoria), QCAT (Queensland), the Magistrates Court (Western Australia and Tasmania), SACAT (South Australia), ACAT (Australian Capital Territory), NTCAT (Northern Territory). For the arrears themselves, the same body can order payment, and you can claim against the bond through your state’s bond authority at the end of the tenancy.

Serve a notice for your state — $49

Claim Done drafts a Landlord Rent Arrears Notice for your state that states the arrears to the dollar, cites the right section, gives the right number of days from the right trigger date, and tells you which prescribed form applies for your state.

Draft My Rent Arrears Notice — $49 →

You review every word before it’s sent.