Notice to leave (Form R12)

Important: Reasons and timeframes for ending a tenancy during the COVID-19 emergency period have changed from 30 September 2020. This page has been updated to reflect these changes.

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).

Note: The moratorium on evictions for residential tenancies in excessive hardship due to the impacts of COVID-19 ended on 29 September 2020. Reasons/grounds and minimum notice periods for ending a residency during COVID-19 emergency period (until 31 December 2020) have been updated and are applicable from 30 September 2020. Refer to the updated Residential Tenancies Practice Guide.

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.

Grounds (reasons) Minimum timeframe
Failure to remedy general breach 2 days
Failure to remedy rent breach – less than 28 days Immediately
Failure to remedy rent breach – 28 days or more 4 days
Serious breach Immediately
Property destroyed Immediately
Property acquired compulsorily under a law 2 months
Employment ends or entitlement to occupy under employment ends 1 month
Mortgagee in possession 30 days
Death of a sole resident 7 days (parties can agree on an earlier date)
Abandonment (must use an Abandonment termination notice) 7 days or by QCAT order 
Without ground Minimum timeframe
 
Periodic agreement 30 days
Fixed term agreement

A tenant must be given at least 14 days notice, unless they have breached the agreement. The tenancy only ends on the end date of the agreement or the end date of the notice period (whichever is later). The tenant and property manager/owner can agree to end a fixed term agreement early (must be in writing).
14 days
Form R12 – Notice to leave – rooming accommodation
Download (PDF 73KB)
Current version: v9 Sep20
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