New Tenancy Laws Will Affect Notice to Leave

The Housing Legislation Amendment Act 2021 (Qld) (HLAA) will introduce various amendments to current legislation, with significant changes to the manner in which a Form 12 Notice to Leave may be issued in respect of a residential tenancy agreement.

These changes will take effect on 1 October 2022.

Relevantly, the new amendment will no longer allow a Form 12 to be issued on a ‘without grounds’ basis.

However, new grounds for the issuing of a Form 12 are to be introduced and will include:

• demolition or redevelopment (2 months and not before end of fixed term);
• significant repair or renovations (2 months and not before end of fixed term);
• change of use (2 months and not before end of fixed term);
• ending of entitlement to student accommodation (1 month);
• State government program (2 months and not before end of fixed term); and
• owner occupation (2 months and not before end of fixed term).

Where the property is to be sold, the notice period will increase to 2 months (previously 4 weeks) and, where the property which is to be sold is subject to a fixed term tenancy agreement, the handover date stipulated in the notice must not be before the end date of the fixed term.

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