Notice of intention to leave (Form R13)

Notice of intention to leave (Form R13)
v13 Sep21

Notice of intention to leave form (Form R13) is given to the agent or manager/provider when the resident/s want to end the accommodation agreement and leave by a certain date.

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Notice of intention to leave form (Form R13) is given to the agent or manager/provider when the resident/s want to end the accommodation agreement and leave by a certain date.

The Resident leaving form is given to the manager/provider when the resident wants to end the accommodation agreement and leave by a certain date.

The resident can use this form:

  • to end a periodic agreement
  • at the end of a fixed term agreement
  • when the property manager agrees in writing to end a fixed term agreement early, or
  • if they have grounds (reasons) to leave a fixed term agreement early.

Residents experiencing domestic and family violence can continue to end their interest in a tenancy quickly and safely until the end of the COVID-19 emergency period (until 30 April 2022) by completing a Domestic and Family Violence Notice ending residency and a Domestic and Family Violence Report.

Manager/provider breaches the agreement

If the resident has issued the manager/provider with a breach notice and the manager/provider has not fixed the problem by the date on the notice they must give at least seven days notice before ending the agreement.

If the resident is giving this notice because of an unremedied breach by the rooming accommodation manager/provider it does not guarantee they can end the agreement early without having to pay compensation.

Residents who are impacted by the COVID-19 emergency and need to end their fixed term agreement early may be eligible for capped break lease costs equivalent to one week’s rent. For further information and eligibility criteria, please refer to the updated Residential Tenancies Practice Guide.

Property unfit to live in

If the rental property has been destroyed, or made completely or partly unfit to live in, the resident can end the accommodation agreement immediately—within one month of the event.

If the manager/provider disputes the reason/s for ending a fixed term early, they should try to resolve the matter with the resident first. If agreement cannot be reached, the RTA’s free dispute resolution service may be able to help.

When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends.

Minimum notice periods

Grounds (reasons) Minimum notice period
A person escaping domestic and family violence (available to 30 April 2022)
Note: Please complete a Domestic and Family Violence Notice ending residency and a Domestic and Family Violence Report
7 days, but can leave immediately
Without grounds* Periodic - 7 days
Fixed term - Later of 7 days or the day the agreement ends
Unremedied breach 7 days
Property destroyed or made completely or partly unfit to live in Immediately (notice must be given within 1 month of the event)

*Parties can agree to end earlier but it must be agreed in writing

Grounds for which this notice may not be used

Without ground Minimum timeframe
 
Repeated breaches by provider/manager By QCAT order
Excessive hardship 7 days
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