Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 132

132 Manner of giving notice

(1) Notice to terminate shall be sufficiently given if delivered personally to the tenant or, as the case may be, to the landlord or the landlord’s agent.

(2) Where the tenant is absent from the land or premises, or is evading service, the notice may be given to the tenant—

(a) by delivering it to some person apparently over the age of 18 years and apparently residing on or in occupation of the land or premises; or

(b) by delivering it to the person by whom the rent is usually paid, if such person is apparently over the age of 18 years; or

(c) by posting it up in a conspicuous place upon some part of the land or premises; or

(d) by sending it by registered post to the tenant at the tenant’s usual or last known place of abode or business.

(3) Where a tenant has died and probate or letters of administration of the tenant’s estate have not been granted, any notice to terminate which might have been given to the legal personal representative of the deceased tenant had probate or letters of administration of the tenant’s estate been granted shall be sufficiently given if—

(a) where any person is or persons are apparently residing on or in occupation of the land or premises—it is delivered to any of such persons apparently over the age of 18 years; and

(b) in any other case—it is advertised twice in a daily newspaper circulating in the district in which the land or premises are situated.

(3A) Where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in subsection (3) (a) , any occupier of the land or premises or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding and the contesting of the proceeding shall not of itself be regarded as an act of administration or as intermeddling in the estate of the deceased tenant or as constituting the person so contesting the proceeding an executor de son tort of the deceased tenant.

(4) Nothing in this section shall affect the right of a landlord to give notice to terminate otherwise than as provided in this section.