Rent Arrears Notice Queensland: The Form 11 and Form 12 Process for Landlords

The Sequential Process for Rent Arrears

Queensland law imposes a strict two-stage process for terminating a tenancy over rent arrears. You cannot jump straight to a Notice to Leave — there is a mandatory preliminary step, and the timing must be exact.

Stage 1: Wait 7 Days, Then Serve Form 11

Under section 281 of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), a landlord cannot issue a breach notice on the first day rent is late. The tenant must be at least 7 full days in arrears before a Notice to Remedy Breach (Form 11) can be served.

If weekly rent is due on Tuesday and goes unpaid, the 7 days expire the following Tuesday. Form 11 can be served on Wednesday — the day after the 7-day period.

Form 11 gives the tenant a remedy period to pay the outstanding rent:

• 7 clear days for rent arrears
• 14 clear days for general (non-rent) breaches

"Clear days" means the day of service does not count, and the remedy period runs from midnight to midnight. If you serve by post, add postal transit days before the clear-day count begins.

Stage 2: Serve Form 12 if the Breach Is Unremedied

If the rent remains unpaid at midnight on the final day of the Form 11 remedy period, the landlord can then issue a Form 12 Notice to Leave citing "unremedied breach — rent arrears." The Form 12 must state a handover date that is at least 7 days from the date the tenant receives it (again calculated in clear days, plus postal transit if applicable).

The Form 12 can only be issued the day after the Form 11 remedy period expires and only if the breach remains active. If the tenant pays the full arrears during the remedy period, the breach is remedied and the Form 11 is spent — you cannot issue a Form 12.

A Worked Example

Rent due: Tuesday 6 October 2026 (weekly payment, unpaid).

1. 7 days in arrears reached: Tuesday 13 October
2. Form 11 posted: Wednesday 14 October
3. Postal delivery (allow 4 business days): deemed served Tuesday 20 October (Day 0)
4. 7 clear remedy days: Wednesday 21 Oct (Day 1) through Tuesday 27 Oct (Day 7)
5. Remedy period expires: midnight Tuesday 27 October
6. Rent still unpaid on Wednesday 28 October → Form 12 can be served
7. Form 12 posted: Wednesday 28 October; deemed served (4 business days): Tuesday 3 November (Day 0)
8. 7 clear notice days: Wednesday 4 Nov (Day 1) through Tuesday 10 Nov (Day 7)
9. Earliest handover date: Tuesday 10 November 2026; the tenant may stay until midnight, and the next action may occur on Wednesday 11 November

From the first missed rent to the earliest possible handover date: over five weeks, and that assumes the tenant does not pay during the remedy period.

This Ground Works During a Fixed Term

Unlike most termination grounds, unremedied breach can be used during a fixed-term tenancy. Once the Form 11 remedy period expires unremedied, the landlord can issue Form 12 regardless of whether the fixed term has ended.

General Breach (Non-Rent)

The same two-stage process applies to non-rent breaches — unauthorised pets, property damage, excessive noise, subletting without consent. The differences:

• Form 11 is served after the breach is identified (no 7-day waiting period like rent arrears)
• The remedy period is 14 clear days (instead of 7)
• The Form 12 notice period is 14 days (instead of 7)

The landlord must describe the breach specifically on Form 11 — "breach of lease" without details is not sufficient.

What If the Tenant Pays During the Process

If the tenant pays the full outstanding rent before the Form 11 remedy period expires, the breach is remedied. The Form 11 is no longer operative, and issuing a Form 12 on the basis of that breach notice is invalid.

If arrears recur after the tenant has remedied once, the landlord starts the process again from a new Form 11. However, if the same tenant has received Form 11 on three separate occasions for the same type of breach within 12 months, the landlord may apply directly to QCAT for a termination order under section 299 (repeated breaches) without serving another Form 12.

Evidence to Keep

QCAT expects a clear paper trail:

• A complete rent ledger showing the payment due dates, amounts due, and dates payment was (or was not) received
• A copy of the served Form 11 with proof of service
• Evidence the breach remained unremedied after the remedy period (the ledger showing no payment received)
• A copy of the served Form 12 with proof of service

The Ending a Tenancy in Queensland guide walks through the rent arrears timeline with clear-day worksheets and a service log template, plus the evidence checklist for QCAT filing.

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