Notice to leave (Form R12)

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

Grounds (reasons) Minimum timeframe
Unremedied breach – rent arrears less than 28 days Immediately
Unremedied breach – rent arrears 28 days or more 4 days
Unremedied breach – general 2 days
Compulsory acquisition 2 months
Employment termination or entitlement to occupy for employment ends 1 month
Mortgagee in possession 1 month
Serious breach Immediately
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) 7 days
Without grounds* 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
 

Without ground Minimum timeframe
 
Repeated breaches by resident By QCAT order
Abandonment 7 days^ or by QCAT order
Excessive hardship 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.

Form R12 – Notice to leave – rooming accommodation
Download (PDF 72KB)
Current version: v11 May21
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