QCAT Tenancy Dispute: How Queensland Landlords File and What to Expect
When a Landlord Files at QCAT
The Queensland Civil and Administrative Tribunal (QCAT) handles residential tenancy disputes under its minor civil dispute jurisdiction. For landlords, the most common reason to file is a tenant who refuses to vacate after a valid Form 12 Notice to Leave has expired. This is classified as an urgent application under section 415 of the RTRA Act — no prior RTA conciliation is required.
Other QCAT filing grounds include serious breach (s 297B), intentional damage or injury (s 296), objectionable behaviour (s 297), and repeated breaches (s 299). Some allow an application without serving Form 12. Serious-breach termination is non-urgent, however, and requires an RTA dispute resolution request and Notice of Unresolved Dispute before applying to QCAT.
Non-urgent disputes — including serious-breach termination, bond claims, and general breach compensation — require RTA conciliation first. The RTA must issue a Notice of Unresolved Dispute before QCAT will accept the application.
The 14-Day Filing Deadline
This is the single most critical deadline in the process. After the handover date on a Form 12 passes and the tenant remains, the landlord has exactly 14 days to lodge a Form 2 application with QCAT under section 293 of the RTRA Act.
Miss this window and QCAT loses jurisdiction over that notice. The Form 12 becomes unenforceable, and the landlord must serve a fresh notice with a new notice period and start over. There is no extension, no late filing exception.
How to File
Landlords use QCAT Form 2: Application for Minor Civil Dispute – Residential Tenancy Dispute. Applications can be lodged:
- Online via the QCase portal (qcat.qld.gov.au)
- In person at the QCAT Principal Registry in Brisbane or any local Magistrates Court registry across Queensland
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Filing Fees (Effective 1 July 2026)
| Claim Type | Fee |
|---|---|
| No monetary amount claimed (pure termination + warrant) | $119.00 |
| Claim up to $1,000 | $96.30 |
| More than $1,000 to $10,000 | $164.30 |
| Claim over $10,000 | $405.60 |
Pay the application fee when lodging. Applicants who meet QCAT's financial hardship criteria can apply for a fee waiver using Form 49.
What to Bring to the Hearing
QCAT evaluates three things: whether the factual prerequisites for the ground are established, whether service was executed correctly, and whether it is just and equitable to grant a termination order. Prepare:
- The original tenancy agreement (Form 18a)
- A copy of the Form 12 with proof of service (signature, post receipt, or evidence of email/SMS delivery and the agreed method)
- For breach grounds: the Form 11, the rent ledger or breach documentation, photographs, and any correspondence
- For sale grounds: the Form 10 and the signed contract of sale with the vacant possession clause
- For owner occupation: a statutory declaration confirming the incoming occupant's identity and relationship
QCAT hears minor civil disputes without lawyers by default — parties represent themselves under section 43 of the QCAT Act. A real estate agent cannot advocate for you at the hearing without explicit tribunal leave, which is rarely granted.
What QCAT Can Order
If the application succeeds, QCAT issues a termination order specifying the date the tenancy ends and ordering the tenant to deliver vacant possession. QCAT also issues a warrant of possession. If the tenant does not leave by the ordered date, the landlord should ask the local police station to execute the warrant.
RTA Conciliation vs QCAT — Which Comes First
It depends on the dispute type:
- Termination applications (tenant won't leave after Form 12) → file directly at QCAT, no RTA step needed
- Direct urgent applications (damage or injury, objectionable behaviour, repeated breaches, or excessive hardship) → file directly at QCAT; serious-breach termination is non-urgent and requires RTA dispute resolution first
- Bond disputes and compensation claims → mandatory RTA conciliation first, then QCAT only if the RTA issues a Notice of Unresolved Dispute
The Ending a Tenancy in Queensland guide includes a QCAT filing checklist with the evidence requirements for each ground and a timeline tracker covering the 14-day deadline, so nothing falls through the cracks.
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