Notice to leave (Form 12)
v22 Oct21
The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the property. Correct notice periods must always be given.
The Notice to leave (Form 12) is used when the lessor/agent is giving notice to the tenant/s to vacate the property. Correct notice periods must always be given.
The property manager/owner gives a Notice to leave to a tenant when they want them to vacate the property by a certain date.
A tenancy agreement is a legally binding contract that can only be ended in certain ways.
The property manager/owner should use this form:
- to end a periodic agreement
- at the end of a fixed term agreement
- when they have agreed in writing to end a fixed term agreement early, or
- if they have grounds (reasons) to end a fixed term agreement early.
When serving notices by post, the property manager/owner must allow time for the mail to arrive when working out when a notice period ends.
Minimum notice periods
Note: From 30 September 2020, normal processes and grounds apply to ending agreements for reasons not related to COVID-19, except where outlined in the below tables. Refer to the updated Residential Tenancies Practice Guide.
| Grounds (reasons) | General tenancy | Moveable dwelling (long-term agreement) |
Moveable dwelling (short-term agreement) |
|---|---|---|---|
| Unremedied breach – rent arrears | 7 days | 2 days | 2 days |
| Unremedied breach – general | 14 days | 2 days | 2 days |
| Non-compliance with QCAT order | 7 days | 7 days | 2 days |
| Non-compliance (moveable dwelling relocation) | n/a | 2 days | 2 days |
| Non-liveability | The day it is given | The day it is given | The day it is given |
| Compulsory acquisition | 2 months | 2 months | 2 days |
| Sale contract (periodic only) | 4 weeks | 4 weeks | 2 days |
| Voluntary park closure | n/a | 3 months | 2 days |
| Compulsory park closure | n/a | The day it is given | The day it is given |
| Employment termination | 4 weeks | 4 weeks | 2 days |
| Ending of accommodation assistance | 4 weeks | 4 weeks | 2 days |
| Ending of housing assistance | 1 month | 2 months | 2 days |
| Mortgagee in possession will depend on whether mortgagee has/hasn’t consented to the tenancy | 2 months | 2 months | 2 months |
| Death of a sole tenant (parties can agree on an earlier date) | 2 weeks | 2 weeks | 2 weeks |
| Serious breach (public housing or community housing) | 7 days | n/a | n/a |
| Without grounds* | Periodic – 2 months Fixed-term – Later of 2 months or the day the agreement ends |
Periodic - 2 months Fixed term - Later of 2 months or the day the agreement ends |
2 days |
*Parties can agree to end earlier but it must be agreed in writing.
Grounds for which this notice may not be used
| Grounds (reasons) | General tenancy | Moveable dwelling (long-term agreement) |
Moveable dwelling (short-term agreement) |
|---|---|---|---|
| Failure to leave as intended | By QCAT order | By QCAT order | By QCAT order |
| 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 | The day it is given | The day it is given |
| Incompatibility | By QCAT order | By QCAT order | By QCAT order |
| Repeated breaches by tenant | By QCAT order | By QCAT order | By QCAT order |
| Abandonment | 7 days^ or by QCAT order | 7 days^ or by QCAT order | 7 days^ or by QCAT order |
| Nuisance | By QCAT order | By QCAT order | By QCAT order |
^ An Abandonment termination notice is used when the lessor/agent wants to end a rooming accommodation agreement because they believe the property has been abandoned.