Ending a tenancy in Queensland requires more than simply asking a tenant to move out. Under Queensland tenancy laws, landlords and property managers must have a reason to end a tenancy and provide the correct amount of notice using the appropriate RTA form.
Understanding your obligations can help avoid delays, disputes and the risk of issuing an invalid notice.
Using the correct notice
To end a tenancy, landlords and property managers must issue a Notice to Leave (Form 12).
It’s also important to remember that once a Notice to Leave has been issued, there are restrictions on how often entry notices can be given to show the property to prospective tenants or buyers.
Notice periods for landlords
The required notice period depends on the reason for ending the tenancy.
End of a fixed-term agreement
A landlord may issue a Notice to Leave with at least 2 months’ notice before the end of a fixed-term tenancy.
Rent arrears
If a tenant fails to pay rent after receiving a Notice to Remedy Breach, the tenancy can be ended by providing 7 days’ notice.
Unremedied breach
If a tenant fails to remedy another breach of the tenancy agreement after receiving a Notice to Remedy Breach, a landlord may issue a Notice to Leave with 14 days’ notice.
Failure to comply with a QCAT order
Where a tenant fails to comply with an order made by QCAT, 7 days’ notice may be given.
Property is no longer liveable
If the property becomes completely or partially unfit to live in through no fault of the landlord or tenant, the tenancy may end immediately.
Other approved grounds
Landlords can also end a tenancy for a range of prescribed reasons, including:
- owner occupation
- sale of the property
- significant repairs or renovations
- demolition or redevelopment
- change of property use
- compulsory acquisition
- mortgagee taking possession
- government housing programs
- employment-related accommodation
- student accommodation
- accommodation or housing assistance ending
- death of a sole tenant.
Most of these reasons require 2 months’ notice, while some require 4 weeks, 1 month or 14 days, depending on the circumstances.
Can a landlord end a tenancy without grounds?
No. Queensland’s tenancy reforms removed the ability for landlords to end a periodic tenancy without a valid reason. Every Notice to Leave must specify an approved ground under the legislation.
Ending a tenancy by agreement
A tenancy can also end by mutual agreement between the landlord and tenant. While there is no prescribed RTA form, the agreement should always be recorded in writing.
Need help?
Choosing the correct notice period can be confusing, particularly where special circumstances apply. If you’re unsure, seek advice before issuing a Notice to Leave to ensure you’re complying with Queensland tenancy legislation.
Frequently Asked Questions
Can a landlord end a tenancy without a reason in Queensland?
No. Under Queensland tenancy laws, landlords and property managers must have a valid reason (known as a prescribed ground) to end a tenancy. This applies to both periodic and fixed term agreements.
How much notice does a landlord have to give a tenant in Queensland?
The notice period depends on the reason for ending the tenancy. For example, ending a tenancy at the end of a fixed term agreement generally requires at least two months’ notice, while rent arrears may require only seven days’ notice after the correct breach process has been followed.
Can a landlord end a fixed term lease early?
Only in certain circumstances permitted under Queensland legislation. Some prescribed grounds, such as owner occupation or the sale of the property, cannot be used to end a fixed term agreement before the lease expires.
What form does a landlord use to end a tenancy?
Landlords and property managers must issue a Notice to Leave (Form 12) when ending a tenancy.
What happens if the wrong notice period is given?
If the required notice period isn’t provided or the incorrect form is used, the notice may be invalid. This can delay the end of the tenancy and may result in disputes or legal action.
Can a landlord and tenant agree to end a tenancy early?
Yes. A tenancy can end at any time if both parties agree. Although there isn’t a prescribed RTA form for this, the agreement should always be recorded in writing.