Notice to leave (Form R12)
v17 Dec22
The Notice to leave (Form R12) is given to the rooming accommodation resident/s when the agent or manager/provider wants them to leave by a certain date.
The Notice to leave (Form R12) is given to the rooming accommodation resident/s when the agent or manager/provider wants them to leave by a certain date.
The rooming accommodation manager/provider gives a Notice to leave to a resident when they want them to vacate the property by a certain date.
The resident can be asked to leave:
- during a periodic agreement (minimum notice applies)
- at the end of a fixed term agreement (minimum notice applies)
- if the manager/provider has issued the tenant with a Notice to remedy breach (Form R11) and the resident has not fixed the problem by the date on the notice
- at least 4 days after the notice (for non-payment of rent) or at least 2 days’ notice for any other breach
If the resident has lived at the property for less than 28 days, they may be asked to leave immediately for non-payment of rent.
If the resident has caused a serious breach, the rooming accommodation manager can ask the resident, in writing, to leave immediately.
If the rental property has been destroyed, or made completely or partly unfit to live in, the resident can end the agreement immediately—within 1 month of the event.
Other time periods may apply (e.g. if the property can no longer be used as a residence).
If the resident does not agree with the notice, they should try and resolve it with the rooming accommodation manager/provider. If agreement cannot be reached, the RTA’s free dispute resolution service may be able to help.
When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends.
Minimum notice periods
| Grounds (reasons) | Minimum timeframe |
|---|---|
| End of fixed term agreement | 14 days^ |
| Unremedied breach – rent arrears - resident less than 28 days | Immediately |
| Unremedied breach – rent arrears - resident 28 days or more | 4 days |
| Unremedied breach – general | 2 days |
| Compulsory acquisition | 2 months |
| Sale contract* | 1 month |
| Significant repairs or renovations* | 1 month |
| Planned demolition or redevelopment* | 2 months |
| Change of use of property* | 1 month |
| Employment termination or entitlement to occupy for employment ends | 1 month |
| Ending of entitlement of student accommodation | 1 month |
| Mortgagee in possession | 30 days |
| Serious breach | Immediately |
| Non-liveability (property destroyed or made completely or partly unfit to live in) | Immediately (notice must be given within 1 month of the event) |
| Death of a sole resident (parties can agree on an earlier date) | 7 days |
*This reason cannot be used to end a fixed term tenancy agreement early. The tenancy only finishes on the end date of the agreement or the end date of the notice period (whichever is later). Both parties can agree to end a fixed term agreement early, but it must be agreed in writing.
End of a fixed term agreement
^ A Notice to leave (Form R12) can be given for the end of a fixed term agreement up to one day prior to the end of the tenancy, with a minimum notice period of fourteen days. For example, if a fixed term agreement ends on 14 November 2022 and a Notice to leave is given on 13 November 2022, tenants will have until at least 27 November 2022 (minimum 14 days) to vacate.
Grounds for which this notice may not be used
| Without ground | Minimum timeframe |
|---|---|
| Repeated breaches by resident | By QCAT order |
| Excessive hardship | By QCAT order |