Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 326

326 Notice to leave

(1) A notice to leave premises must—

(a) be in the approved form; and

(b) be signed by or for the lessor; and

(c) identify the premises; and

(d) require the tenant to hand over vacant possession of the premises to the lessor on the day stated in the notice (the
"handover day" ); and

(e) state the ground on which the notice is given; and

(f) give particulars of the ground on which the notice is given; and

(g) if the approved form requires information to accompany the form—be accompanied by the information required.

(2) The notice also must—

(a) state that information about the tenant’s rights and obligations is contained in the agreement; and

(b) inform the tenant that—

(i) if the tenant does not comply with the notice on the handover day the lessor may apply to a tribunal for a termination order without giving the tenant any further notice; and

(ii) if the tribunal makes the order, it also must make an order for possession of the premises in favour of the lessor.

(3) The handover day stated in the notice to leave must not be before the end of the minimum notice period for the notice.

(4) A notice to leave given for a periodic agreement is not ineffective merely because the handover day is not—

(a) the last day of a period of the tenancy; or

(b) another day when the tenancy would have ended if this Act had not been enacted.

Note—

See also section 349 (1) .

(5) A notice to leave given for a fixed term agreement is not ineffective merely because the handover day is earlier than the day the term ends unless the minimum notice period for the notice must not end before the day the term ends.

(6) Subsection (5) does not prevent a notice to leave being given to a tenant at any time before the end of the term for a fixed term agreement.

(7) Also, for a notice to leave for end of short tenancy (moveable dwelling), the handover day must be the last day of—

(a) the base period; or

(b) if a short tenancy (extension) statement has been made—the extended period.

(8) In this section—

"minimum notice period" , for a notice to leave, means the notice period stated for the notice in schedule 1 , part 1 .