The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) sets clear time lines for serving notices. In some instances the Act states the amount of time a notice must be given before any action is taken. In others, the Act sets limits on the amount of time in which an action must occur. To ensure your rights are protected, it is important to follow the set notice periods. This fact sheet relates to fixed term and periodic agreements in general tenancies, such as houses or units. For notice periods relating to tenancies in caravans and other moveable dwellings, refer to the Allowing time when serving notices – Moveable dwellings fact sheet.
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Notice of rent increase
*There must be at least six months between rent increases
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Lessor/agent must give at least two months for both periodic and fixed term tenancies. Rent can only be increased in a fixed tenancy if the tenancy agreement allows.
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Application to Tribunal to review rent increase
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Tenant to make application within 30 days after the notice of rent increase has been received.
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Notice to remedy breach (Form 11) for general breaches of the agreement
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Notice must give at least seven days to remedy breach.
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Notice to remedy breach (Form 11) for rent arrears
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Rent must be unpaid for at least seven days before a lessor/agent can give a Notice to remedy breach (Form 11) to the tenant. The tenant is then allowed at least seven days to remedy the breach.
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Notice of damage
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Tenant to advise lessor/agent as soon as tenant becomes aware of damage.
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Notice of bond increase (notice can only be given by lessor at least 11 months after previous notice for bond increase). Total bond must not exceed maximum amount under the Act
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At least one month.
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Notice to RTA’s Dispute Resolution Service about a bond dispute after receiving a Notice of Claim for bond from RTA
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Notice to the RTA must be given within 14 days after service of Notice of Claim by RTA (Note that 14 days is counted from time after service of notice by RTA, and not from time of receipt of notice). The RTA includes the date in the notice that it sends out.
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Advise RTA of application to the Tribunal about a bond dispute after the RTA has issued a Notice of Unresolved Dispute
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Within seven days after service of Notice of unresolved dispute by the RTA.
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General inspections (must not be more than once every three months unless otherwise agreed)
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At least seven days.
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Routine repairs
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At least 24 hours except in remote areas with a shortage of trades people.
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Checking repairs have been completed. Entry is limited to within two weeks of the repair being undertaken
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At least 24 hours.
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Checking the tenant has fixed a significant breach after being given a Notice to remedy breach (Form 11). Entry is limited to within two weeks of the expiry of the Form 11.
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At least 24 hours.
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Complying with smoke alarm laws
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At least 24 hours.
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Complying with safety switch laws
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At least 24 hours.
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Repairs where the premises is remote and there is a shortage of qualified repairers
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None.
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Showing a prospective tenant or purchaser the premises
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At least 24 hours (a Notice of lessor’s intention to
sell premises (Form 10) must also be given if premises is for sale.
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Valuation
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At least 24 hours.
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Suspicion of abandonment
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At least 24 hours.
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Notices for ending a tenancy
To end the tenancy, the lessor/agent must give the tenant a Notice to leave (Form 12) with the appropriate notice.
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Unremedied rent arrears
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At least seven days (after expiry of Notice to remedy breach (Form 11) for rent arrears).
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Unremedied general breach (breaches of the Act apart from rent arrears)
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At least 14 days (after expiry of Notice to remedy breach (Form 11)).
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Noncompliance with a Tribunal order
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At least seven days.
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Compulsory acquisition (the notice must be given within one month after the compulsory acquisition)
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At least two months.
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Premises sold
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For periodic agreements only – at least four weeks.
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Nonliveability (the notice must be given within one month of the event causing the nonliveability)
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The same day the notice is given.
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Abandonment
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If the tenant does not respond to an Abandonment termination notice (Form 15) within seven days, tenant is taken to have abandoned the premises. Tenant may dispute the notice by applying to the Tribunal within 28 days of the notice being served.
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Ending of employmentrelated tenancy agreement
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At least four weeks, unless an award or employment contract states otherwise.
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End of supported accommodation assistance
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At least four weeks.
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End of entitlement to housing assistance (public housing or community housing)
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At least two months.
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Without grounds
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For periodic agreements – at least two months notice.
For fixed term agreements – at least two months or the end of the fixed term, whichever is the later in time.
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To end the tenancy, the tenant must give the lessor/agent a Notice of intention to leave (Form 13). The time periods which a tenant must allow in a Notice of intention to leave are the same as for the lessor/agent except in the cases listed below.
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Unremedied breach
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seven days.
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Compulsory acquisition
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two weeks.
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Without grounds
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For periodic agreements only – two weeks.
For fixed term agreements – 14 days or the end of the fixed term, whichever is the later in time.
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Counting days in notice periods
The Acts Interpretation Act 1954 provides direction on how to interpret time periods in the Residential Tenancies and Rooming Accommodation Act 2008.
Time periods for serving notices are expressed as clear days between the day of serving the notice and the day for taking the next action. This means that when you calculate the dates on the notices to allow the correct time, you must not count the day the notice is served at the address and you must not take the next action until the day after the last day.
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Example: If you hand deliver a seven day notice on the 12th of June you may start counting the seven days from the 13th of June. The seventh day is the 19th of June so the next action may be taken on the 20th of June.
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The Acts Interpretation Act 1954 states that a notice expires at midnight, so you must allow the person the entire 24 hours of the last day of the notice before you can take the next action.
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Example: If the last day of a Notice to leave is the 19th of June, by law the tenant must be allowed until midnight on that date to leave.
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It is clearly impractical to conduct a handover of keys and inspection at midnight on the 19th of June, so parties are encouraged to make an agreement about when this may occur.
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Example: Parties may agree to vacation of the premises and handover by close of business on the 19th of June or 9am on the 20th of June rather than midnight.
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Counting months in notice periods
When the Act refers to a month, it means a calendar month. A ‘calendar month’ means a period starting at the beginning of any day of a month and ending immediately before the beginning of the corresponding day of the next month; or if there is no such corresponding day, at the end of the next month.
Just like when counting days in notice periods, when you count months you must not count the day the notice is served, and you must not take the next action until the day after the last day.
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Example one: Two months notice is given on the 20th of December, so counting of the two months begins on the 21st. The two month period ends immediately before midnight on the 20th of February, so action may be taken on the 21st of February.
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Example two: Two months notice is given on the 30th of December, so counting of the two months begins on the 31st. Since there is no 30th of February, the two months is considered to end immediately before midnight on the 28th of February. Action may commence on the 1st of March.
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Counting hours in notice periods
When the notice period is 24 hours, such as in some grounds for entry to premises, a minimum of 24 hours must be allowed from the time the notice is served at the premises until the next action, such as the entry.
This can be calculated to the hour when a notice is served in person. Where service of the notice is by post, the 24 hour period starts from the time the post would arrive in the ordinary course of post.
Serving a notice
A notice can be given by delivering it to the recipient at the address of the place or business last known to the person serving the notice. Ways of delivering notices include by hand (personally), post, email (if allowed under the agreement) or fax. The rules for serving notices are outlined in the Acts Interpretation Act 1954 and the Electronic Transactions (Queensland) Act 2001.
The method used to serve a notice which has a longer time period might not be appropriate for a notice with short time periods, such as a 24-hour entry notice.
If a dispute is likely to arise, it is better to err on the side of caution. For instance, you might phone ahead as well as serve the notice. Use more than one means of service or allow an extra day to ensure adequate notice is given.
Serving notices by post
Where notices are served by post, the sender must allow time for the mail to arrive when counting the days and working out the date for the notice period to end.
Australia Post’s standard delivery times, if posted by 6.00pm, are for delivery next business day in metropolitan areas and provincial cities, and for delivery on the second business day to most regional areas. For remote areas, the sender should check with Australia Post to determine the delivery time.
This means that the first day counted in the notice period is the day after the notice arrives at the address.
Serving notices in person or electronically
When serving notices in person, the server does not count the day of service in the notice period. The first day of the notice period should be the day after the notice is served.
The same rule applies if notice is served electronically by email or fax. The fax transmission report or email delivery receipt may be used as proof of the time and date of service.
Further information
For more information contact the Residential Tenancies Authority on 1300 366 311.
Accessing RTA forms
The RTA’s forms can be obtained electronically or in person by:
rta.qld.gov.au
1300 366 311
Level 23, 179 Turbot St Brisbane
A selection of the most commonly used forms are also available at Australia Post outlets around Queensland.
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If you need interpreting assistance to help you understand this information, contact TIS on 13 14 50 (for the cost of a local call) and ask to speak to the Residential Tenancies Authority (RTA).
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215 – v6 Nov 10