Demolition, Redevelopment, and Change of Use Notice to Leave Queensland

If you're planning to demolish a rental property, redevelop it, carry out major structural repairs, or convert it to commercial use, Queensland law provides four separate statutory grounds for ending the tenancy. Each has its own factual prerequisites and evidence requirements, and using the wrong one — or failing to back it up — gives QCAT grounds to dismiss your termination application.

The Four Works-Related Grounds

Planned Demolition or Redevelopment (s 290C): For premises that must be vacant for a planned demolition or redevelopment. You need a genuine, specific plan for the project before you serve the notice. Obtain any development approval or demolition permit the project requires.

Significant Repair or Renovations (s 290D): For premises that need significant repairs, or where the landlord intends significant renovations, that cannot safely be carried out while the tenant occupies them. This can cover extensive work like restumping, roof replacement, complete rewiring, or structural reinforcement. Minor cosmetic work, such as a small paint or carpet refresh, does not qualify by itself. The test is whether the work can be carried out safely while the tenant occupies the premises.

Change of Use (s 290E): For premises required for a use other than residential tenancy, or for another use for at least 6 months. This might be converting a house to a commercial office, a medical practice, or retail premises. Obtain any local government planning approval required for the proposed use.

Non-Liveability (s 284): A separate ground covered in detail in our post on non-liveability termination. This applies when the property is already destroyed or uninhabitable, not when you're planning future works.

Notice Period: 2 Months

All three works-related grounds (demolition, significant repair, and change of use) require a minimum notice period of 2 months via Form 12 (Notice to Leave). The handover date on the Form 12 must be at least 2 months after the date of service.

None of these grounds can terminate a fixed-term tenancy early. If the property is under a fixed-term agreement, the handover date must be on or after the fixed-term expiry date — even if the DA is already approved and the demolition crew is scheduled.

Evidence to Support Each Ground

Keep records that support the stated ground and show the plan can proceed:

Demolition/Redevelopment:

• Any development approval or certified demolition permit required for the project
• Engineering or architectural plans showing the scope of work

Significant Repair:

• Any building or council permits required for the planned works
• Scope of works from a licensed contractor
• Evidence, such as an engineering report, that the property cannot safely be occupied during works

Change of Use:

• Any local government planning approval required for the change of land use
• Commercial lease agreements or business plans for the new use

Keep copies of applicable approvals, plans, and contracts. If the tenant challenges the notice at QCAT, you will need evidence that the statutory ground applies, not just a stated intention.

Accuracy and Post-Termination Restrictions

Under section 365A of the RTRA Act, a lessor or agent must not give a tenant a notice to leave for demolition or redevelopment, significant repairs or renovations, or change of use that contains information they know is false or misleading in a material particular. The maximum penalty is 50 penalty units.

If the tenancy ends because of a change-of-use notice, section 365C prohibits the lessor from offering the premises as a residential tenancy for 6 months after the handover day.

In practice: do not use the demolition ground unless you have a firm, approved plan to demolish. Do not use the significant repair ground to renovate a kitchen. Do not use the change-of-use ground unless you have planning approval for the conversion. QCAT and the RTA take pretextual use of these grounds seriously.

Choosing the Right Ground

The Ending a Tenancy in Queensland guide covers all four works-related grounds alongside every other termination pathway, with the evidence checklists and notice-period calculations for each.

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