Notice to leave (Form 12)

Under section 277 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), a tenancy ends in only a few ways, one of which is the lessor giving a notice to leave under section 326 and the tenant handing over vacant possession on or after the handover day. Section 326 requires the notice to be in the approved form (Form 12), be signed by or for the lessor, identify the premises, state the handover day, and state the ground with particulars. The handover day cannot be earlier than the minimum notice period for the ground in Schedule 1, Part 1. A lessor's notice must rely on one of the grounds the Act lists; only a tenant's notice of intention to leave can be given without a ground (s 327). If the tenant does not leave, the lessor applies to QCAT for a termination order.

When you need it

• Unremedied breach (s 281): the tenant did not fix a breach within the remedy period in a Notice to remedy breach (Form 11). Rent arrears: 7 days' notice. Any other breach: 14 days. A Form 11 for rent can only be given once rent is at least 7 days unpaid, and must allow at least 7 days to remedy (ss 280, 328).
• End of a fixed term agreement (s 291): at least 2 months, and not before the term ends. Sale contract or preparing to sell with vacant possession (s 286), owner or relative occupation (s 290G), significant repairs or renovations that cannot be done safely with the tenant in place (s 290D), planned demolition or redevelopment (s 290C), change of use (s 290E) and State government program (s 290B): each at least 2 months and not before the end of a fixed term.
• Non-livability (s 284(3)): effective the day given, and the notice must be given within 1 month of the event. Compulsory acquisition (s 284(4)): 2 months. Noncompliance with a tribunal order (s 282): 7 days.
• Employment ending where the tenant occupies under their employment (s 288), end of accommodation assistance (s 289) or housing assistance (s 290): 4 weeks. End of entitlement to student accommodation (s 290F): 1 month. Serious breach, only where the lessor is the State or a community housing provider (s 290A): 7 days.
• Death of a sole tenant: the agreement ends 14 days after the lessor gives the tenant's personal representative or relative written notice, unless an earlier day is agreed (s 324A).

1. 1

   Items 1 to 3: property and parties

   Enter the rental property address, tick whether the notice is issued by the agent or the lessor and give their name and phone, and list the full names of every tenant on the agreement.

2. 2

   Item 4: the ground

   Tick the one ground relied on. Section 326(1)(e) and (f) require the notice to state the ground and give particulars of it, so attach brief details if needed (for example the date and subject of the Form 11 for an unremedied breach).

3. 3

   Item 5: date and method of issue

   Enter the day and date the notice is issued and how (email, post or in person). Email or text can only be used if the agreement allows notices to be given that way.

4. 4

   Item 6: the handover day

   Enter the day and date the tenant must vacate by midnight. Count the notice period without counting the day the notice is given; if it ends on a weekend or public holiday, it runs to the next business day. Allow extra time for postage. For the grounds marked 'not before the end of a fixed term agreement', the handover day cannot be earlier than the end of the term.

5. 5

   Item 7: sign

   The lessor or agent prints their name, signs and dates the notice (s 326(1)(b)). Give the form to the tenant and keep a copy; it is not sent to the RTA.

• Give the notice to every tenant using a method the agreement allows: in person, by post or leaving it at the address for service, or by email or text if agreed in the agreement. Do not send it to the RTA.
• If the tenant does not hand over vacant possession on the handover day, the lessor may apply to QCAT for a termination order. The application must be made within 2 weeks after the handover day (s 293(2)). If QCAT terminates the agreement it must also issue a warrant of possession; a tenant cannot be evicted without one.
• A notice to leave for an unremedied breach can be withdrawn before the handover day only by written notice with the tenant's written agreement, and only if the breach has been remedied (s 333).
• Once a notice to leave is given, the lessor or agent may not enter more than twice in any 7-day period, except for smoke alarm, safety switch, agreed, emergency or damage-prevention entries (s 195A).

• Some grounds cannot be dealt with by Form 12 at all and need a QCAT application, such as excessive hardship, damage, injury, objectionable behaviour, incompatibility, repeated breaches and failure to leave as intended (s 335(1)). Suspected abandonment uses an Abandonment termination notice (Form 15).
• A lessor must not give a notice to leave for the end of a fixed term agreement because the tenant has applied to a tribunal, complained to a government entity or taken other action to enforce their rights, or where it would be retaliatory action (s 291(2), (3)).
• Giving a notice to leave for sale, repairs, demolition, change of use or owner occupation containing information known to be false or misleading is an offence (s 365A). After a tenancy ends on a sale, change of use or owner occupation notice, the premises must not be offered for rent for 6 months after the handover day, subject to limited defences (ss 365B-365D).
• QCAT can make a termination order even though a notice to leave has a defect, if it is appropriate in all the circumstances (s 349(1)), but getting the ground and dates right avoids the argument.