Notice of intention to leave (Form 13)
v22 Oct22
The Notice of intention to leave (Form 13) is used when the tenant/s are giving notice to the lessor/agent that they wish to vacate the premises by a certain date.
The Notice of intention to leave (Form 13) is used when the tenant/s are giving notice to the lessor/agent that they wish to vacate the premises by a certain date.
A tenancy agreement is a legally binding contract that can only be ended in certain ways. Notice to end a tenancy must be in writing.
A tenant gives the Notice of intention to leave to the property manager/owner when they want to vacate the property by a certain date.
The tenant should use this form:
- to end a periodic agreement
- at the end of a fixed term agreement
- if they have grounds to end a fixed term agreement early or if they are breaking the lease
If the tenant is giving this notice because of an unremedied breach by the property manager/owner it does not guarantee that they will be released from the tenancy agreement early.
The tenant can also apply for dispute resolution assistance for non-urgent matters or apply directly to QCAT for urgent matters before giving a Notice of intention to leave.
Tenants who believe they can no longer safely occupy the premises due to experiencing domestic and family violence can end their interest in a tenancy quickly and safely by completing a Notice ending tenancy interest (domestic and family violence) (Form 20) and provide it to the property owner/manager with relevant evidence.
When serving notices by post, the sender must allow time for the mail to arrive when working out notice periods.
Minimum notice periods
| Grounds (reasons) | General tenancy | Moveable dwelling Long term |
Moveable dwelling Short term |
|---|---|---|---|
|
Note: Please complete a Notice ending tenancy interest (domestic and family violence) (Form 20) and provide it to the property manager/owner with relevant evidence |
7 days, but can leave immediately | 7 days, but can leave immediately | 7 days, but can leave immediately |
| Without grounds (parties can agree on an earlier date in writing) | 14 days Fixed term - the later of 14 days or the day the agreement ends |
14 days Fixed term - the later of 14 days or the day the agreement ends |
1 day |
| Unremedied breach | 7 days | 2 days | 1 day |
| Non-compliance with tribunal order | 7 days | 7 days | 1 day |
| Failure to comply with repair order | 14 days | 14 days | The day it is given |
| Non-liveability | The day it is given | The day it is given | The day it is given |
| Compulsory acquisition | 14 days | 14 days | 1 day |
| Intention to sell | 14 days^ | 14 days | 1 day |
| Condition of premises | 14 days | 14 days | n/a |
| Death of sole tenant | 14 days | 14 days | n/a |
| Death of co-tenant | 14 days | 7days | n/a |
| Ending of entitlement to student accommodation | 1 month | n/a | n/a |
^If tenants are not notified of intention of sale within 2 months of starting the agreement.
Grounds for which this notice may not be used
| Without ground | General tenancy | Moveable dwelling Long term |
Moveable dwelling Short term |
|---|---|---|---|
| Excessive hardship | By QCAT order | By QCAT order | By QCAT order |
| Damage | By QCAT order | By QCAT order | By QCAT order |
| Injury | By QCAT order | By QCAT order | By QCAT order |
| Objectional behavior | By QCAT order | By QCAT order | By QCAT order |
| Incompatibility | By QCAT order | By QCAT order | By QCAT order |
| Repeated breaches by lessor/provider | By QCAT order | By QCAT order | By QCAT order |
| Mispreresentation | By QCAT order | By QCAT order | By QCAT order |