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.
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.
End of a fixed term agreement
^ A Notice to leave (Form 12) can be given for the end of a fixed term agreement up to one day prior to the end of the tenancy, with a minimum notice period of two months. For example, if a fixed term agreement ends on 14 November 2022 and a Notice to leave is given on 13 November 2022, tenants will have until at least 13 January 2023 (minimum two months) to vacate.
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.