The rooming accommodation manager/provider gives a Notice to leave to a resident when they want them to vacate the property by a certain date.
The resident can be asked to leave:
- during a periodic agreement (minimum notice applies)
- at the end of a fixed term agreement (minimum notice applies)
- if the manager/provider has issued the tenant with a Notice to remedy breach (Form R11) and the resident has not fixed the problem by the date on the notice
- at least 4 days after the notice (for non-payment of rent) or at least 2 days’ notice for any other breach
If the resident has lived at the property for less than 28 days, they may be asked to leave immediately for non-payment of rent.
If the resident has caused a serious breach, the rooming accommodation manager can ask the resident, in writing, to leave immediately.
If the rental property has been destroyed, or made completely or partly unfit to live in, the resident can end the agreement immediately—within 1 month of the event.
Other time periods may apply (e.g. if the property can no longer be used as a residence).
If the resident does not agree with the notice, they should try and resolve it with the rooming accommodation manager/provider. 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
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.
|Unremedied breach – rent arrears - resident less than 28 days
|Unremedied breach – rent arrears - resident 28 days or more
|Unremedied breach – general
|Employment termination or entitlement to occupy for employment ends
|Mortgagee in possession
|Property destroyed or made completely or partly unfit to live in
||Immediately (notice must be given within 1 month of the event)
|Death of a sole resident (parties can agree on an earlier date)
||Periodic – 30 days
Fixed-term – Later of 14 days or the day the agreement ends
*Parties can agree to end earlier but it must be agreed in writing.
Grounds for which this notice may not be used
|Repeated breaches by resident
||By QCAT order
||7 days^ or by QCAT order
||By QCAT order
^ An Abandonment termination notice is used when the property manager/provider or agent wants to end a tenancy agreement because they believe the property has been abandoned.