Do you know when the rent is due?

A recent decision of the Queensland Civil and Administrative Tribunal, in its appellant jurisdiction, is a beneficial reminder to property managers to ensure they are fully aware of the requirements of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act) and do not simply follow long standing practices in relation to completing residential tenancy agreements.

The legislation

Section 61(1) of the RTRA Act provides that the lessor or lessor’s agent must ensure a residential tenancy agreement is in writing to the extent, and in the way, required by this section. A breach of this section carries a maximum penalty of 20 penalty units.

Section 61(2) of the RTRA Act requires the written agreement to include the standard terms for the agreement and any special terms as well as the day the rent for the property was last increased.  The standard terms for inclusion in a residential tenancy agreement are set out in the Residential Tenancies and Rooming Accommodation Regulation 2025 (RTRA Regulation).

In relation to Item 8 Rent – day of payment, Schedule 1 of the RTRA Regulation specifically requires the following information:

          “The day of each week, fortnight or month on which the rent must be paid.”

Further, section 61(3) of the RTRA Act provides that if, for a standard term to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included.

Qteam Realty Pty Ltd v GSA Finance and Investments Pty Ltd [2026] QCATA 68

The Appellant was the lessor of a residential tenancy at Plainland, and the Respondent was the tenant.

On 6 February 2025, the Appellant issued a Notice to Remedy Breach for unpaid rent for at least seven days, with the breach to be remedied by 13 February 2025. The outstanding rent at the time of the notice was $669.72.

On 14 February 2025, the day after the breach was to be remedied, the Respondent paid $2,000 in rent. On the same date, the Appellant issued a Notice to Leave to the Respondent, requiring vacant possession of the property by 21 February 2025.

The Respondent failed to vacate by 21 February 2025 and the Appellant filed an application in the Tribunal seeking termination of the tenancy and a warrant of possession.

The Tribunal initially dismissed the application, and the Appellant sought leave to appeal the Tribunal’s decision.

The Appeal Tribunal identified that while it may appear incontrovertible that a tenant is in arrears for rent where the tenant has not paid rent up to date, it held that “a breach of the obligation to pay rent requires close consideration of the tenancy agreement” including:

          “…-     Whether or not rent is to be paid in advance.

-         How much rent is to be paid and how far in advance [limited by section 87 of the RTRA Act].

-         When is the first rent payment due.

-         What are the time intervals between each rent payment (weekly, monthly etc).

-         Has there been a failure to make a rent payment when it falls due.”^[1]

The Appeal Tribunal noted that the subject tenancy agreement did not explicitly set out when the first rent payment is due. Further, while Item 7 of the tenancy agreement indicated that the rent was to be paid monthly, Item 8 set out that the rent must be paid on the “Due Day” of each week. The Appeal Tribunal added that “it is challenging to assess whether there has actually been a breach” in circumstances where it was not clear which day of the week is the “Due Day”.^[2]

While the Appeal Tribunal noted that “It may be open for the Tribunal to imply terms (to give efficacy to the agreement)”,^[3] it referred to section 337 of the RTRA Act and what the Tribunal will have regard to in deciding whether a breach justifies terminating the agreement.

The Appeal Tribunal held that:

“Even if the Tribunal accepted there was a breach (which it did not), it remains well within the discretion of the Tribunal to dismiss an application for termination where unpaid rent is paid up to date one day after the period within which the breach is to be remedied ends.”^[4]

Accordingly, the Appeal Tribunal was not satisfied that there was any error that had caused substantial injustice and the appeal was dismissed.

Conclusion

This decision is a timely reminder for property managers to ensure that tenancy agreements are completed as required by the RTRA Act and Regulation and they do not simply follow long standing practices when completing residential tenancy agreements.  This decision may also assist property managers when seeking instructions from their lessor clients regarding applications for termination of the tenancy as “The Tribunal must not merely ‘rubber stamp’ an Application for termination of a tenancy because there has been a breach.”^[5]

Whilst all parties involved in residential tenancy disputes before the Tribunal must represent themselves (some exceptions apply), they are, of course, always able to seek legal advice regarding all aspects of a dispute. If property managers have any concerns about a residential tenancy dispute, it is strongly recommended that they seek legal advice.

Read more about property management: The potential pitfalls of withholding possession in Queensland.

Or browse our suite of property management articles.