Missed and overdue rent

This page is for: 
Home buyer / ownerTenant

The tenancy may end if the rent falls behind. If the tenant/s have a problem making the payments, they should explain their financial situation to the lessor and make alternative arrangements to pay the arrears in full.

If the tenant/s are behind in rent payments, the lessor is entitled to follow the procedures described on the ending a tenancy section using the appropriate notices.  If the tenant/s receive a notice to end the tenancy because their rent is overdue and they do not move out, the lessor can apply to the Magistrates Court and get a court order for the tenant/s to move out. The lessor cannot seize the tenant/s belongings in return for any rent owed.  To help landlords understand the process a flow chart showing the process for serving a notice for non payment of rent was developed.

If the tenant/s reasonably believe they are not behind in rent payments, they can remain in the premises while the matter is sorted out by negotiation, or until the lessor applies for an eviction hearing in the Magistrates Court.  If this happens both the tenant/s and the lessor will have the opportunity to present their cases.

Ending a tenancy?

More information about ending a tenancy including tenants ending a tenancy, evictions and managing abandoned goods. 

When a tenancy ends


Last modified: