QLD Request for Information regarding evictions

I had some really great advice a few weeks ago that helped out a friend of mine regarding his rental and thought I would try my hand again for a new issue here.
The laws surrounding the vacation of a property are a bit hard to find for a simple man like myself but I will attempt to outline the questions I have regarding it.

A tenants term is finished, form 12 delivered without grounds.

If the tenant ignores the direction and does not leave, open a dispute with QCAT to have them evicted. What time will this take?

If the tenant continues to pay rent during this time will it delay the decision or possibly cause QCAT to rule in their favor if they have been long term tenants and cannot be given a good reason for being asked to leave?

Is there any way to have the tenant forcefully evicted and the locks changed at short notice?

 

Hi Roger,

If a Form 12 is not followed by the Tenant (or the Tenant issues a Form 13 and does not vacate), the Lessor/Agent, if they want the tenancy ended, must make an urgent application to QCAT for a termination order and under the Act the tribunal, if granting the termination order must also issue a warrant for possession. An urgent application used to take anywhere from 6-12 weeks to be heard, I've recently read that time frame has come down to as little as 2 weeks. Once the termination order has been granted, adjudicators usually issue the termination date and warrant to take affect anywhere from the following day up to 2 or 3 weeks depending on the specific circumstances of the Lessor and Tenant. The warrant usually has a 2-3 week operational period which allows the Police to fit it in with their schedule as they have to make time for Officers to first go and serve a notice and then return to effect the eviction. In the past, this whole process has usually taken at least 2 months, if not 3 months. The tenant is liable to pay rent/compensation of rent up until the termination date ordered by the tribunal. The period between the termination date and when the warrant is exercised they are not obliged to pay for and are essentially squatting, however this is where the Landlord Insurer usually covers this loss as well. Unless the Tenant agrees to vacate, no other way to legally get them out until the above process runs its course. Side note: Lessor/Agents must be mindful not to get sucked into making any sort of agreement to release the tenant of their obligations in exchange for them vacating without going through the proper process as this will hinder if not invalidate any claims made to the landlord insurer.

 

Timeframes - QCAT Queensland Civil and Administrative Tribunal

These are now supposedly somewhat "live" wait times and updated regularly. Showing 3 weeks for urgent at the moment.

- Luke