Notice to vacate from mortgagee to tenant (Form 19)

Section 317 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) applies where rental premises are mortgaged, the tenancy agreement was entered into after the mortgage, the mortgagee did not consent to the tenancy, and the mortgagee or a person appointed under the mortgage (such as a receiver) has become entitled to possession, usually after the owner defaults on the loan. The mortgagee or appointed person must not obtain possession unless the tenant has been given notice in the approved form at least 2 months beforehand (maximum penalty 50 penalty units). Form 19 (version 6, July 2025) is that form. The tenant is not liable to the lessor for rent or loss merely because they vacate after the notice (s 319), or because they pay rent to the mortgagee after a written request (s 320).

When you need it

• A lender has become entitled to take possession of a tenanted property after the owner's default.
• The tenancy began after the mortgage and the lender did not consent to it.
• Not before the end of a fixed term the mortgagee consented to: the form notes the notice cannot be issued until that term expires.

1. 1

   Item 1: property

   Enter the address of the rental premises.

2. 2

   Item 2: issued by

   Give the full or trading name, address, phone, mobile and email of the mortgagee or appointed person.

3. 3

   Item 3: issued to

   List the full names of all tenants.

4. 4

   Items 4 and 5: dates

   Record the day, date and method of issue, and the date the tenants must vacate. That date must allow at least 2 months after the notice is given, plus postal delivery time if posted.

5. 5

   Item 6: signature

   The mortgagee or appointed person prints their name, signs and dates. By signing they confirm the conditions listed on the form apply.

• Give the notice to the tenants. Do not send it to the RTA; keep a copy.
• The agreement ends on the day the tenant vacates, and rent is payable up to and including that day.
• The mortgagee may ask the tenant, in writing, to pay rent to it instead of the property manager or owner.
• If the tenant disputes the notice and cannot resolve it with the mortgagee, the RTA's free dispute resolution service may help.

• Check all four s 317 conditions before relying on the notice. A tenancy the mortgagee consented to is treated differently.
• Accepting or demanding rent does not amount to the mortgagee consenting to the tenancy (s 318).
• Count the 2 months as calendar months, not counting the day of service, as the RTA's guide to serving notices explains.