The property manager/owner must then issue a notice for any rent increase. If a new agreement is not signed, the agreement becomes periodic with the same terms and conditions as fixed term. There is no requirement to serve a notice about the increase. However, it must be at least 6 months since the last rent increase. The property manager/owner and tenant can agree to a rent increase at the end of a fixed term agreement by entering into a new agreement. Rent can be increased if the property manager/owner gives the tenant at least 2 months notice in writing and it has been at least 6 months since the last rent increase, or since the tenancy started. The notice should include the increased amount and the day it takes effect. It does not automatically come into effect because it is in the agreement. The property manager/owner must also give the tenant separate written notice of the increase. it has been at least 6 months since the tenancy started or since the last increase.the property manager/owner gives the tenant at least 2 months notice in writing, and.the agreement states the new amount (or how it will be worked out).the agreement states the rent will be increased.Rent cannot be increased during a fixed term unless it is stated in the tenancy agreement and all of the following occurs: However, there are rules around removing a tenant from rooming accommodation. If the tenant doesn't move out within the timeframe, the property manager/owner does not need to go to QCAT to make the tenant leave. If they agree to let the tenant stay this agreement should be in writing. It is the property manager/owner’s decision if the tenant can stay. The tenant then needs to move out or pay the rent and request to stay (in writing). If the rent remains unpaid and the notice expires the tenant can be issued a Notice to leave with 4 days notice. If the tenant pays the rent within the timeframe, the rooming agreement will continue. Tenant has lived in the property for more than 28 days: a Notice to remedy breach can be issued when the tenant is 2 days in arrears giving them at least 4 days to pay the rent. If the rent remains unpaid and the notice expires the tenant can be issued a Notice to leave (Form R12) and asked to leave immediately. Tenant has lived in the property for less than 28 days: a Notice to remedy breach (Form R11) can be issued as soon as the tenant is in arrears giving them at least 2 days to pay the outstanding rent. Unpaid rent procedure – general tenancies If the application is successful QCAT will make an order to end the tenancy and issue a Warrant of possession. The property manager/owner must be able to prove the breach warrants terminating the agreement. If the tenant doesn't move out, the property manager/owner can lodge an urgent application directly with QCAT for an order to end the tenancy (this must be done within 14 days after the final day of the Notice to Leave has expired). If the property manager/owner agrees to let the tenant stay, this agreement should be in writing. This will be up to the property manager/owner’s discretion. The tenant may also decide to pay all the rent due and ask the property manager/owner in writing if they can stay. If the tenant wants to dispute the notice they may apply for dispute resolution assistance with the RTA. If the breach notice expires and the rent remains unpaid, the property manager/owner can give the tenant a Notice to leave (Form 12), giving them a minimum of 7 days to move out (2 days in a caravan park). If new rent has not been paid, the tenant may receive another breach notice. Keep in mind, any new rent may also be due during the breach process. If the tenant pays the rent within the timeframe their agreement will continue. If the rent is 7 days or more in arrears, the property manager/owner can issue a Notice to remedy breach (Form 11), giving them 7 days (5 days in a caravan park) to pay the outstanding amount. If the tenant has not paid the full amount of rent on the day it is due, they are in arrears.
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