Ending a Tenancy in Queensland: Notice Periods, Grounds and Agent Obligations

A landlord calls on a Friday afternoon. The tenant hasn’t paid rent in three weeks, they think the property might be abandoned, and they want the tenant out by Monday. What you say next — and what you do over the following days — determines whether this situation resolves cleanly or becomes a QCAT matter with your agency’s conduct under scrutiny.

Ending tenancy in Queensland is governed by the Residential Tenancies and Rooming Accommodation Act 2008 (the RTRA Act), and the framework has tightened considerably since the reforms that commenced in October 2022 and again from June and September 2024. Every ground, every notice period, and every form is prescribed. There is no room for improvisation, and agents who act on landlord instructions without understanding the law expose themselves — and their clients — to significant liability.

The Two Notice Types: What Each Party Uses

Before getting into grounds and periods, the terminology matters. There are two distinct notices in a general tenancy:

Notice to Leave (Form 12) is issued by the property manager or owner to the tenant. It is used when the lessor or agent is giving notice to the tenant to vacate the property. It states a ground for ending the tenancy and a handover day — the date by which the tenant must vacate.

Notice of Intention to Leave (Form 13) runs in the opposite direction. It is used when the tenant is giving notice to the lessor or agent that they wish to vacate the premises by a certain date. Tenants use this form whether they are ending a fixed term at expiry, ending a periodic agreement without grounds, or leaving early on a lawful ground.

These are not interchangeable, and using the wrong form — or the wrong ground on the right form — can invalidate the notice entirely. Tenancy agreements can only be ended in accordance with the RTRA Act. There are processes that must be followed to correctly end an agreement, including using the approved form and allowing the right amount of time for the notice period.

The notice must state the date the party intends to end the agreement (the handover day) and whether the agreement is being ended with grounds or without grounds. When calculating notice periods, where the notice period is in days, weeks or months, you must not count the day the notice is given. If the time period ends on a weekend or public holiday, then the end of the time period is on the next business day. When serving by post, additional delivery time must be factored in.

Notice Periods by Tenancy Type

Fixed Term Agreements

A fixed term agreement is a contract. When a tenant signs a fixed term agreement, they are signing a legal contract under which they agree to rent the place for an agreed minimum period. The same logic applies from the landlord’s side: the agreement cannot ordinarily be ended before its end date without the tenant’s written consent.

To bring a fixed term agreement to an end at its expiry — rather than renewing or allowing it to roll into a periodic tenancy — the property manager or owner must serve a Form 12 Notice to Leave on the ground of end of fixed term. A Notice to Leave (Form 12) can be given for the end of a fixed term agreement up to one day prior to the end of the tenancy, with a minimum notice period of two months. The RTRA Act s 291 provides this authority expressly.

This is one of the most consistently mismanaged steps in Queensland property management. Even fixed term agreements must be formally ended by giving a written notice, otherwise they continue as a periodic agreement. Miss the two-month window — accounting for delivery time — and the fixed term rolls over into a periodic agreement, and the landlord’s ability to end the tenancy without engaging more complex grounds is materially restricted.

The REIQ has made best practice recommendations that address this directly. The REIQ recommends that from 1 October 2022, property managers seek instructions from their lessor clients to commence issuing Notices to Leave on grounds of end of fixed term at the commencement of each fixed term tenancy agreement. The REIQ adopted this best practice recommendation to avoid the significant risk associated with missing the two-month notice requirements and associated delivery timeframes.

Practically, this means issuing a Form 12 at the same time the tenancy agreement is signed, giving the tenant clear visibility of the intended end date while preserving the landlord’s right to end the tenancy if a new fixed term is not entered into. If a property manager is instructed by their lessor client to end the fixed term agreement at the end of the fixed term and the property manager fails to issue a Notice to Leave within the appropriate timeframe, they may find themselves the subject of an investigation for a breach of section 22 of the Property Occupations Regulation.

The tenant, for their part, can give a Notice of Intention to Leave (Form 13) to end a fixed term agreement at its expiry with a minimum of two weeks’ notice.

Periodic Agreements

A periodic agreement continues week to week or fortnight to fortnight (depending on the rent payment cycle) with no fixed end date. If no termination notice is issued prior to the expiry of a fixed-term tenancy, it becomes periodic the day after the fixed-term agreement ends.

For a tenant ending a periodic agreement without grounds: a periodic tenancy can be terminated by the tenant (without giving reasons) by giving a notice of intention to leave (Form 13) to the lessor with two weeks’ notice.

For a property manager or owner ending a periodic agreement without grounds, the position changed fundamentally from 1 October 2022. From 1 October 2022, a lessor is no longer able to end a periodic agreement by issuing a Form 12 Notice to Leave without grounds. A Form 12 can only be issued based on prescribed grounds under the Act. The lawful grounds available for ending a periodic tenancy now include matters such as the owner or their relative needing to occupy the property, significant renovation or repairs, sale of the property requiring vacant possession, change of use, or end of employment entitlement, among others. Each ground carries its own prescribed notice period.

Where a periodic agreement can be ended without grounds — which is now limited to specific circumstances — the minimum notice period remains two months. A lessor may terminate a periodic tenancy without giving grounds by giving the tenant two months’ notice to leave (Form 12) (s 329(2)(j) RTRA Act). However, given the post-2022 reforms, agents should take specific legal advice before relying on this provision, as the retaliation provisions at s 246A of the RTRA Act create risk where a tenant has recently exercised a right under their tenancy.

Valid Grounds for Ending a Tenancy

Breach of Agreement

If either party has issued a notice to remedy a breach of the agreement and it has not been remedied by the specified date, this may be grounds to end the tenancy. Breaches by tenants may include unpaid rent or damage to the property. Breaches by property managers or owners may include failing to make repairs.

The breach pathway requires a Notice to Remedy Breach (Form 11) first. If the tenant does not fix the breach within the time allowed, a Notice to Leave can then be issued. For non-payment of rent, the minimum notice period on a subsequent Form 12 is seven days. For other unremedied breaches, different periods apply depending on the nature of the breach.

For serious breaches in general tenancies, if the property manager or owner wants to end a tenancy due to a serious breach they must apply to QCAT for a termination order. A Form 12 alone is not sufficient for serious breach in most general tenancy situations — QCAT must be involved.

Selling the Property

The ground of sale is one of the more frequently misunderstood grounds agents encounter. The position depends on whether the agreement is fixed term or periodic.

For a periodic agreement, the lessor or agent can end a periodic agreement if the lessor has entered into a contract to sell the premises with vacant possession. The required notice period is two months.

For a fixed term agreement, the sale ground works differently. It can be used to end the agreement at its expiry date, but it cannot be used to cut a fixed term short. The lessor or agent cannot end a fixed term agreement before the end date, unless the tenant agrees.

There is an important corresponding obligation on landlords who use this ground: property managers or owners must not let or offer a residential tenancy for six months after the handover day of the tenancy. Penalties apply. This is a material point — issuing a Notice to Leave on the ground of sale and then re-letting within six months is an offence under the Act.

Owner or Relative Intending to Occupy

The property manager or owner may end the agreement if the owner or their relative needs to occupy the property. The required notice is two months. The same six-month restriction on re-letting applies: the property manager or owner must not let or offer a residential tenancy for six months after the handover day of the tenancy agreement. Penalties apply.

This is a legitimate and commonly used ground, but it is also one that tenants frequently challenge at QCAT. If the landlord uses this ground and then re-lets within six months without genuinely occupying the property, they expose themselves to enforcement action and the tenant can apply for compensation.

Significant Repairs and Renovations

The property manager or owner may end the agreement if they intend to carry out significant renovations, or the property requires significant repairs, and the repairs or renovations cannot be safely carried out while the tenant occupies the property. The notice period is two months. Like the sale and owner-occupation grounds, a re-letting restriction applies after use of this ground.

Notice to Leave vs. Notice of Intention to Leave

The distinction matters in practice not just as a formality. A Notice to Leave is an instruction from the landlord side; a Notice of Intention to Leave is a declaration from the tenant side. If the property manager or owner is ending the tenancy, they should give the tenant or resident a Notice to Leave (Form 12) or Notice to Leave (Form R12). If the tenant or resident is ending the tenancy, they should give the property manager or owner a Notice of Intention to Leave (Form 13) or Notice of Intention to Leave (Form R13).

When a Form 12 or Form 13 is issued, practical consequences follow immediately for entry to the property. Once a property manager or owner issues a Notice to Leave (Form 12) or if a tenant gives a Notice of Intention to Leave (Form 13), the property manager or owner cannot enter the property more than twice in a seven-day period while the notice is in effect. This change, which commenced on 1 May 2025, is significant for property managers conducting open homes or pre-vacate inspections during a notice period — plan inspections carefully.

The tenancy only finishes on the end date of the agreement or the end date of the notice period, whichever is later. This means a tenant cannot be required to leave before their fixed term ends, regardless of when the Notice to Leave was given.

When a Tenant Doesn’t Leave: QCAT Orders and Warrants of Possession

A Notice to Leave is not self-executing. If the tenant remains after the handover day, the property manager or owner cannot physically remove them. In residential tenancies it is unlawful for a lessor or agent to enter and remove the tenant from the premises themselves. This is called ‘self-eviction’ and is an offence. If this happens, the tenant can report the offence to the RTA and the lessor or agent could be prosecuted and fined.

The correct path is an application to QCAT. If a tenant is occupying a rental property without permission, the property manager or owner can apply to QCAT for an urgent termination order and a warrant of possession. This applies where a property manager or owner correctly issues a Notice to Leave (Form 12) and the tenant doesn’t vacate the rental property by the handover date.

The time limit for making this application is strict: a property manager or owner has 14 days to make their application to QCAT if the tenant does not vacate the property on the date issued in the Notice to Leave (Form 12). Miss this 14-day window and a fresh process may be required.

QCAT can make a termination order and issue a warrant of possession. If a tenant does not leave within the specified time, the lessor can apply to QCAT for a termination order and a warrant of possession. The application for termination would likely be made under s 293 RTRAA. Under s 340 RTRAA, the Tribunal may make a termination order if it is satisfied the lessor has established the ground of the application and Notice to Leave.

The warrant of possession is the instrument that authorises law enforcement to act. The warrant of possession authorises the police to enter the rented premises and, using reasonable force where necessary, make tenants vacate the premises. While the warrant is in effect, the police may attend the property and give the tenant a date by which they must vacate, or may require them to vacate immediately.

The police generally won’t execute a warrant of possession automatically — this is something the property manager or owner must request. The police will then contact the tenant to advise which date they must vacate by, or may require the tenant to vacate immediately. The property manager or owner should attend to allow the police to hand over possession.

A tenant who disagrees with a QCAT order has a limited window to seek a review. If a warrant of possession is granted to a lessor or agent, a tenant has 14 days to apply for written reasons or the audio or transcript from QCAT. Once this application is made, QCAT has 45 days to comply. Once the tenant is given the written reasons or transcript from QCAT, they have a further 28 days to seek leave to appeal.

Abandoned Properties: The Form 15 Process

Abandonment sits in its own category. A tenant who disappears without formally ending their tenancy leaves the landlord in a legally ambiguous position. The agent cannot simply re-let the property without formally terminating the agreement.

A property manager or owner who believes on reasonable grounds that the premises is abandoned must formally end the agreement before they can take possession of the premises and deal with any property left behind by the tenant.

There are two available pathways. The first — and recommended where there is any doubt — is to apply to QCAT for an order declaring abandonment. The property manager or owner can apply to QCAT for an order saying the premises is abandoned. This approach is recommended if there is doubt about whether the premises is abandoned or not.

The second pathway is to issue an Abandonment Termination Notice using Form 15. The Form 15 is used when the lessor or agent is terminating the agreement because they believe on reasonable grounds that the premises has been abandoned. Before issuing the Form 15, agents should conduct an inspection — property managers or owners may serve an Entry notice (Form 9) giving 48 hours’ notice to enter the premises for an inspection if they believe on reasonable grounds that the premises have been abandoned.

If the tenant does not apply to QCAT within seven days to have the notice set aside, then the tenancy agreement will be ended seven days after the date the notice was issued.

Once a Form 15 is issued, any goods left on the property must be handled strictly according to the RTRA Act. Section 363 of the RTRA Act prescribes how goods left behind are to be dealt with. Before disposing of any goods, a detailed inventory should be compiled noting every single item left at the property. The inventory should be signed and dated, kept on file and supported by comprehensive photographic evidence. Photographs should note the date upon which they were taken. The maximum penalty for a failure to deal with abandoned goods in the manner prescribed by the RTRA Act is 40 penalty units.

Retaliatory Notices and Agent Liability

One of the most significant post-2022 changes is the formal protection against retaliatory eviction. The lessor or agent must not end an agreement by giving the tenant a Notice to Leave because the tenant has exercised their lawful rights. In this case, the tenant may apply to the Tribunal within four weeks of receiving the notice.

This means a Notice to Leave issued shortly after a tenant makes a maintenance request, lodges a dispute with the RTA, or exercises any other statutory right is legally vulnerable. Renters can apply to QCAT for an order to set a notice to leave aside if they believe it has been issued in retaliation for them enforcing their rights.

Where the ground of end-of-fixed-term is being used and the tenant has recently exercised a right under their agreement, the REIQ advises that property managers should urge their lessor clients to seek independent legal advice if the lessor intends to decline a tenant’s request to enter into a new tenancy agreement, if the tenant has exercised a right under the agreement at any time during the course of the tenancy.

The agent’s personal exposure is also real. You cannot just evict a tenant by forcibly removing them even when you have given a Notice to Leave and the tenant fails to vacate. If you do so, you could face an investigation and potentially a hefty civil penalty. Agents who act on informal instructions to “get the tenant out” without following the statutory process are not insulated by the fact that they were following a client’s direction. An unlawful eviction is an offence regardless of who instructed it.

If QCAT ultimately grants a warrant of possession, the tenant may be liable for compensation costs as decided by the QCAT adjudicator. This creates a measure of financial accountability for tenants who refuse to leave after a lawful notice — but only if the notice itself was properly issued in the first place.

Tenant Protections Agents Must Know

The retaliation provisions are not the only tenant protection that can unwind an otherwise valid notice. Tenants can raise special circumstances at QCAT. Either party can seek to end the agreement by application to QCAT that the tenancy be ended due to excessive hardship (s 295 RTRA Act for the lessor, s 310 RTRA Act for the tenant).

Minimum Housing Standards now apply to all Queensland tenancies. Minimum Housing Standards apply to all tenancies from 1 September 2024. If a property fails to meet these standards, a tenant has grounds to issue a Form 13 Notice of Intention to Leave regardless of whether they are in a fixed term. Within the first 7 days of a tenancy, the tenant can issue a Form 13 Notice of Intention to Leave because the property is not fit to live in, the property and inclusions are not in good repair, the lessor is in breach of a law dealing with health or safety, or the property does not comply with the prescribed Minimum Housing Standards.

Where a tenant is experiencing domestic or family violence, there is a separate notice pathway. A tenant can end their interest in a tenancy agreement without the consent of co-tenants or the lessor, and must provide documentation to support their claim; property owners, managers and their employees must not disclose this information, except where permitted, and may be subject to penalties if they do so.

Break lease costs, where a tenant ends a fixed term early without grounds, are now capped. For agreements entered into from 30 September 2024, there is a prescribed limit on reletting costs if a tenant ends their agreement early. Break lease costs are capped to the smaller of two amounts. The cap applies to both residential tenancy and rooming accommodation agreements.

What This Means for Queensland Agents

Every ending-tenancy matter carries procedural risk. The framework does not reward improvisation. Here is what agents managing Queensland residential tenancies need to have operational:

Issue the Form 12 at the start of the tenancy. Following REIQ best practice, issue a Notice to Leave on grounds of end of fixed term at the same time the tenancy agreement is signed. This eliminates the risk of a fixed term silently converting to a periodic agreement because the two-month notice period was missed.

Know the ground before drafting the notice. Grounds matter. A Form 12 issued on the wrong ground — or on a ground that only applies to periodic tenancies when the agreement is fixed term — is invalid. Work through the RTA’s notice period table, confirm the correct ground, and confirm the correct minimum period for that ground before you draft.

Account for service time. When serving notices by post, the property manager or owner must allow time for the mail to arrive when working out when a notice period ends. A notice that appears to have the correct period on its face can still fall short if delivery time is not factored in. Where possible, serve by email (where the tenant has consented to electronic notifications) and keep proof of delivery.

Apply to QCAT within 14 days if the tenant won’t go. Do not wait, negotiate informally, or assume the tenant will eventually leave. If the tenant does not move out by the handover day on a Notice to Leave, the lessor or agent can apply to the Tribunal for a termination order and a Warrant of Possession. They must apply to the Tribunal within two weeks of the handover day.

Never take matters into your own hands. Changing locks, removing goods, or denying access without a warrant of possession is a statutory offence. The risk falls on both the landlord and the agent who acts on unlawful instructions.

Document abandonment properly before acting. If you suspect abandonment, inspect first, issue a Form 15 or apply to QCAT, and do not re-let until the tenancy is formally terminated. Treat any goods left behind with the same care you would during an ordinary vacate — the 40-penalty-unit maximum applies regardless of how certain you are the tenant is gone.

Check the six-month re-letting restriction. Issuing a Notice to Leave on grounds of sale, owner occupation, renovation, or change of use and then re-letting within six months is an offence. If a landlord’s circumstances change after issuing such a notice, get legal advice before proceeding.

The law governing ending tenancy in Queensland has become materially more complex since 2022, and the 2024 amendments added further layers. Agents who stay current on the framework — and who build notice management into their property management systems from day one of each tenancy — will protect their clients, protect themselves, and avoid the QCAT queues.