Lessor Ends the Tenancy

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When you rent a place to live in Queensland, your tenancy agreement is covered by the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’). If your lessor, agent or provider wants you to move out, they must follow the steps described in the Act

To end your agreement the lessor, agent or provider must give you a Notice to Leave, or apply to the Tribunal for a termination order. A Notice to Leave must be on the correct form and state if it is issued with grounds (for a reason) or without grounds. The notice must state the date by which you must leave (the handover day)
and give you the required amount of notice.

A Notice to Leave without grounds (without reason) can be issued at the end of a fi xed term tenancy agreement, or at any time during a periodic agreement. A Notice to Leave with grounds, must state the grounds (reason) you are being asked to leave .A list of reasons for ending tenancies and the notice required is included in this Tenancy Facts.

The lessor, agent or provider can give you a Notice to Leave with grounds, for an unremedied breach, if you fail to remedy a breach of the agreement. This applies if you were given a Notice to Remedy Breach and you did not remedy the breach (fi x the problem) by the due date. In some circumstances the lessor, agent or provider can apply directly to the Tribunal for an urgent hearing to terminate your tenancy. Sometimes they can do this without first giving you a Notice to Leave or a Notice to Remedy Breach.

If the lessor, agent or provider applies to the Tribunal to terminate your tenancy the Tribunal will send you a notice of the hearing. It is important to attend this hearing so you can respond to the application.

When you rent a place to live in Queensland, your tenancy agreement is covered by the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’). If your lessor, agent or provider wants you to move out, they must follow the steps described in the Act

Lessor ends the Tenancy

Reason you can be given a Notice to Leave Required notice period on a Notice to Leave Without grounds (no reason) in a periodic agreement

  • 2 months (general residential tenancies and long tenancy MD*)
  • 0 days (rooming accommodation) Without grounds (no reason) in a fi xed term agreement • 2 months or the end of the agreement, whichever is later
    (general residential tenancies and long tenancy MD*)
  • 14 days or the end of the agreement, whichever is later (rooming accommodation)

Unremedied rent arrears breach – you can be given a Notice to Leave if you do not pay rent owing by the due date on a Notice to Remedy Breach form

  • 7 days (general residential tenancies)
  • 2 days (long tenancy moveable dwellings)
  • No notice (if you have lived in rooming accommodation for 27 days or less)
  • 4 days (if you have lived in rooming accommodation for 28 days or more)

Other unremedied breach – you can be given a Notice to Leave if you do not remedy a breach (except rent arrears) by the due date on a Notice to Remedy Breach

  • 14 days (general residential tenancies)
  • 2 days (long tenancy moveable dwellings)
  • 2 days (rooming accommodation)

Non-compliance with a Tribunal order – can apply in residential tenancy agreements if you do not comply with a Tribunal order

  • 7 days (general residential tenancies and long tenancy MD)

Non-compliance with a Tribunal order to relocate in a moveable dwelling park

  • 2 days

Non-liveability – if the rental premises or a moveable dwelling park or facilities can no longer be lawfully used as a residence, or is destroyed or made completely or partially unfi t to live in, other than by a breach of the agreement

  • Same day (general residential tenancies and moveable dwelling tenancies) or immediate notice (rooming accommodation)
  • This notice must be issued within 1 month of the event which led to the premises becoming non-liveable

Compulsory acquisition – if the premises are appropriated or have been compulsorily acquired by an authority

  • 2 months

Voluntary closure of moveable dwelling park by the park operator

  • 3 months (long tenancy moveable dwelling)

Compulsory park closure

  • Same day

Sale contract – only applies to a periodic agreement if the lessor enters a contract to sell the premises

  • 4 weeks (general residential tenancies and long tenancy MD)

End of entitlement under employment – if you occupy the premises under terms of employment and your employment ends, or your entitlement to occupy the premises under your employment ends

  • 4 weeks (general residential tenancies and long tenancy MD)
  • 1 month (rooming accommodation)

End of your entitlement to supported accommodation

  • 4 weeks (general residential tenancies and long tenancy MD)

End of your entitlement under an affordable housing scheme

  • 2 months (general residential tenancies and long tenancy MD)

Mortgagee in possession –See the heading Mortgagee in possession for more information. A mortgagee in possession can terminate periodic or fixed term agreements.

  • 2 months Notice to Vacate from mortgagee to tenants (general residential tenancies and moveable dwellings)
  • 30 days Notice to Vacate from mortgagee to residents (rooming accommodation)

Serious breach – only applies in rooming accommodation

  • Same day (rooming accommodation)

Death of sole tenant or resident

  • 2 weeks (residential tenancies) or 1 week (rooming accommodation).

If no notice is issued 1 month (residential tenancies) or 2 weeks (rooming accommodation)

  • or the day ordered by a Tribunal or or the day agreed between representatives of the parties

Ending a short tenancy moveable dwelling agreement (an agreement in a moveable dwelling park for 42 days or less)

  • 2 days, or same day for non-liveability or compulsory closure of moveable dwelling park

Who’s who? A lessor is the person who gives a tenant the ‘right to occupy’ a residential premises under the Act. Lessors often employ real estate agents to work on their behalf. A provider is a person who provides rooming accommodation to residents.

To end your agreement the lessor, agent or provider must give you a Notice to Leave, or apply to the Tribunal for a termination order.

A Notice to Leave must be on the correct form and state if it is issued with grounds (for a reason) or without grounds. The notice must state the date by which you must leave (the handover day) and give you the required amount of notice.

A Notice to Leave without grounds (without reason) can be issued at the end of a fixed term tenancy agreement, or at any time during a periodic agreement. A Notice to Leave with grounds, must state the grounds (reason) you are being asked to leave. A list of reasons for ending tenancies and the notice required is included in this Tenancy Facts.

The lessor, agent or provider can give you a Notice to Leave with grounds, for an unremedied breach, if you fail to remedy a breach of the agreement. This applies if you were given a Notice to Remedy Breach and you did not remedy the breach (fix the problem) by the due date.

In some circumstances the lessor, agent or provider can apply directly to the Tribunal for an urgent hearing to terminate your tenancy. Sometimes they can do this without first giving you a Notice to Leave or a Notice to Remedy Breach. If the lessor, agent or provider applies to the Tribunal to terminate your tenancy the Tribunal will send you a notice of the hearing. It is important to attend this hearing so you can respond to the application.

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Information supplied courtesy of the Tenants Union of Queensland Inc

Further information and advice for Queensland tenants can be sourced from www.tuq.org.au