Notice to leave (Form 12)

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.

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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

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.

 

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