How we manage Rent Arrears
 | Aaron Athorn Director & Business Owner Phone: (07) 3622 6436 Email: hello@collinsgregory.com.au |
A common issue experienced by Landlords can be tenants who are constantly falling behind in the payment of their rent.
When a tenant is in rental arrears, it can become a rather costly situation for the Landlord. This can be particularly true if the agent does not follow, or does not have, a rental arrears procedure to help proactively mitigate and manage payment issues.
Collins Gregory Real Estate has a Zero Tolerance Policy for rental arrears.
A quality Property Manager will ensure that all tenants agree and sign a Rental Arrears Management Policy upon the commencement of a lease and that they have a clear understanding about the obligations of paying rent on time.
The Law
Should a tenant fall into arrears, under the Residential Tenancies and Rooming Accommodation Act (RTRA Act), action can only be taken against a tenant when they are seven clear days behind in their rental payments.
Section 280 allows your agent, on your behalf, to serve a breach notice to the tenant on the 8th day of rental arrears. Under legislation, the tenant is then given the allowed remedy period of 7 days to pay the rent owing. Your Property Manager should advise you promptly if further rent defaults occur and keep you informed of the developments until there is a resolution.
Does this mean that an Agency does nothing until day 8? Absolutely not!!
Being proactive is important
Like many things in life, positive communication is often helpful to resolving issues. It is our practice as an agency that contact should be made with the tenant prior to the tenant moving into formal arrears. Getting on top of overdue rent should be the priority.
If a tenant does happen to fall into arrears or they become aware that they may be unable to make an upcoming rental payment when it is due, we encourage tenants to contact our team and discuss the situation with their Property Manager immediately.
If the full rent is not paid on or by the day it is due, on the following day the tenant will fall into rental arrears and the following procedure will be implemented.
Click to view our Rental Arrears Management Policy
|
Period |
Action Undertaken |
|
1-4 days in arrears |
Reminder phone calls, SMS messages and email notifications |
|
5-6 days in arrears |
Formal reminder letter posted and/or emailed |
|
8 days in arrears |
Notice to Remedy issued with 7 days to remedy breach |
|
17 days in arrears |
Notice to Leave issued with 7 days’ notice to vacate |
If after vacating the property there are monies owed in excess of the available bond, the Tenants named on the Tenancy Agreement may be listed with a tenancy database and/or further action through QCAT may be taken.