Fillable Form 2: Notice to leave (Form 12) (Department of the Environment and Energy)

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Form 2: Notice to leave (Form 12) (Department of the Environment and Energy)

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Notice to leave (Form 12)
Residential Tenancies and Rooming Accommodation Act 2008
(Sections 277, 281–291, 317, 326, 329 and 330)
Page 1 of 2 v21 Sep21
Level 11, Midtown Centre, 150 Mary Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au
Do not send to the RTA—give this form to the tenant/s and keep a copy for your records.
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 (See overleaf for grounds/reasons)
without grounds
with grounds (provide details)
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.
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 of the property.
When serving notices by post, the sender must allow time for the mail to arrive when working out notice periods.
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Notice to leave (Form 12)
Residential Tenancies and Rooming Accommodation Act 2008
(Sections 277, 281–291, 317, 326, 329 and 330)
Page 2 of 2 v21 Sep21
Level 11, Midtown Centre, 150 Mary Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au
Minimum notice periods
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 Learn more at rta.qld.gov.au/covid.
Grounds (reasons) General tenancy Moveable dwellings
(long-term agreement)
Moveable dwellings
(short-term agreement)
Unremedied breach – rent arrears 7 days 2 days 2 days
Unremedied breach – general 14 days 2 days 2 days
Non-compliance with QCAT 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 2 days
Sale contract (periodic agreement) 4 weeks 4 weeks 2 days
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 accommodation assistance 4 weeks 4 weeks 2 days
Ending of housing assistance 1 month 2 months 2 days
Mortgagee in possession (depending on
whether mortgagee has/hasn’t consented to
the tenancy)
2 months 2 months 2 months
Death of a sole tenant (parties can agree on an
earlier date)
2 weeks 2 weeks 2 weeks
Serious breach (public housing or community
housing)
7 days n/a n/a
Without grounds* Periodic – 2 months
Fixed term – Later of
2 months or the day the
agreement ends
Periodic – 2 months
Fixed term – Later of
2 months or the day the
agreement ends
2 days
*Parties can agree to end earlier 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
Objectional behavior 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 is used when the lessor/agent wants to end a tenancy agreement because they believe the property
has been abandoned.
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Form 2: Notice to leave (Form 12) (Department of the Environment and Energy)

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Completed 16 October 2021

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