When a tenant is in rental arrears, it can be rather costly for the landlord. Particularly, if the appropriate rental arrears procedures are not followed by the property manager.
A good Property Manager will ensure all tenants sign a rental payment agreement form at the beginning of their lease and understand their rental payment obligations. Should your 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.
Best practice for an agency is that they contact the tenant prior to this time and advise them of the rent payment being overdue. Section 280 allows your agent, on your behalf, to serve a breach notice to the tenant on the 8th day of arrears. Under legislation the tenant is then given the allowed remedy period of 7 days to pay the rent owing. They should then advise you promptly if rent defaults occur and keep you informed of the developments until there is an outcome.
It is important to ensure rent arrears procedures are checked, followed, and actioned daily. With each day that passes, the tenant is falling further into arrears. Issuing notices late or repeatedly, can cause issues when trying to make an insurance claim. Once a tenant has been breached twice in the current tenancy, an application can be made to QCAT (Queensland Civil and Administrative Tribunal) to terminate the tenancy.
If the matter ends up in QCAT property managers must be on the ball with best practice procedures, legislation and what tribunal can take into consideration.