Notice to leave (Form 12)

Notice to leave (Form 12)
v24 Dec22

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.

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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

Grounds (reasons) General tenancy(Periodic and fixed term agreements) Moveable  dwelling
(long-term agreement)
 
Moveable  dwelling
(short-term agreement)
End of a fixed term agreement 2 months 2 months n/a
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 The day it is given
Sale contract*  2 months 2 months n/a
Owner occupation* 2 months 2 months n/a
Significant repairs or renovations* 2 months 2 months n/a
Planned demolition or redevelopment* 2 months 2 months n/a
Change of use of property* 2 months 2 months n/a
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 entitlement to student accommodation 1 month n/a n/a
Ending of accommodation assistance 4 weeks 4 weeks 2 days
Ending of housing assistance 4 weeks 4 weeks 2 days
Mortgagee in possession will depend on whether mortgagee has/hasn’t consented to the tenancy 2 months 2 months n/a
Death of a sole tenant (parties can agree on an earlier date) 14 days 14 days n/a
Property required for State government program* 2 months 2 months n/a
Serious breach (public housing or community housing) 7 days n/a n/a

*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.

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 By QCAT order By QCAT order
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 (Form 15) is used when the lessor/agent wants to end a tenancy agreement because they believe the property has been abandoned.

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