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Form 12 Notice To Leave

This document is a notice to leave form that landlords in Queensland, Australia can provide to tenants. It contains information such as the address of the rental property, the names of the landlord and tenants, and the date the tenants must vacate by. There are a number of reasons, or grounds, that can be provided for requiring the tenants to leave such as the end of a fixed term, rent arrears, or owner occupation. Minimum notice periods that must be given vary depending on the type of tenancy and grounds. The form provides information on tenants' rights, dispute resolution options, and what will happen if tenants do not vacate by the required date.

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0% found this document useful (0 votes)
643 views2 pages

Form 12 Notice To Leave

This document is a notice to leave form that landlords in Queensland, Australia can provide to tenants. It contains information such as the address of the rental property, the names of the landlord and tenants, and the date the tenants must vacate by. There are a number of reasons, or grounds, that can be provided for requiring the tenants to leave such as the end of a fixed term, rent arrears, or owner occupation. Minimum notice periods that must be given vary depending on the type of tenancy and grounds. The form provides information on tenants' rights, dispute resolution options, and what will happen if tenants do not vacate by the required date.

Uploaded by

aDAM
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Notice to leave (Form 12)


Residential Tenancies and Rooming Accommodation Act 2008
(Sections 277, 281–291, 317, 324A, 326 and Schedule 1, Part 1)

1 Address of the rental property

Postcode

2 Notice issued by Agent Lessor


Full name/trading name Phone

3 Notice issued to
Full name/s
1.

2.

3.

4 Notice issued for:


End of a fixed term agreement Owner occupation
Unremedied breach – rent arrears Change of use of property
Unremedied breach – general Ending of entitlement to student accommodation
Non-compliance with Tribunal order Ending of entitlement under employment
Non-liveability End of housing/accommodation assistance
Compulsory acquisition Death of sole tenant
Sale contract Property required for State government program
Significant repairs and renovations Serious breach (only applicable if lessor is the State or
community housing provider)
Planned demolition/redevelopment

5 Notice issued on
Day Date Method of issue (e.g. email, post, in person)

6 Tenant/s must vacate the property by midnight on


Day Date
(minimum notice periods apply – see overleaf)

7 Signature of the lessor or agent issuing this notice


Print name Signature Date

The lessor/agent gives this notice to the tenant/s when they want them to vacate the property by a certain date. Information about tenants’
rights and obligations are included in the tenancy agreement.
There may be one of several reasons (grounds) for giving the notice. If the tenant/s dispute the reason given, they should try to resolve
the matter with the lessor/agent first. If agreement cannot be reached, the RTA’s dispute resolution service may be able to assist –
visit rta.qld.gov.au or phone 1300 366 311.

Other languages: You can access a free interpreter service by calling the RTA on 1300 366 311 (Monday to Friday, 8:30am to 5pm).

If the tenant/s do not leave the property by the date nominated in item 6, the lessor/agent may apply directly to the Queensland Civil and
Administrative Tribunal (QCAT) for a termination order without further notice to the tenant. The lessor/agent must submit an application to
QCAT within two weeks of the handover date (see item 6 above).
If QCAT makes a termination order, it must also issue a warrant of possession of the property in the lessor/agent’s favour. Tenants cannot
be evicted without a warrant of possession for the property.
When serving notices by post, the sender must allow time for the mail to arrive when working out notice periods.
Do not send to the RTA—give this form to the tenant/s and keep a copy for your records.

Level 11, Midtown Centre, 150 Mary Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au Page 1 of 2 v24 Dec22
Notice to leave (Form 12)
Residential Tenancies and Rooming Accommodation Act 2008
(Sections 277, 281–291, 317, 324A, 326 and Schedule 1, Part 1)

Minimum notice periods


Grounds (reasons) General tenancy Moveable dwellings Moveable dwellings
(periodic and fixed (long-term agreements) (short-term agreements)
term agreements)
End of a fixed term agreement 2 months (n/a for periodic 2 months n/a
agreements)
Unremedied breach – rent arrears 7 days 2 days 2 days
Unremedied breach – general 14 days 2 days 2 days
Non-compliance (Tribunal 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 3 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 student entitlement 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 (depending on 2 months 2 months n/a
whether mortgagee has/hasn’t consented to
the tenancy)
Death of a sole tenant (parties can agree on an 14 days 14 days n/a
earlier date in writing)
Property required for State government 2 months 2 months n/a
program*
Serious breach (public housing or community 7 days n/a n/a
housing)
* 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.

Grounds for which this notice may not be used


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
Objectionable behaviour 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.

Level 11, Midtown Centre, 150 Mary Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au Page 2 of 2 v24 Dec22

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