Ending a Fixed Term Tenancy in Queensland: What Landlords Need to Do

A Fixed-Term Lease Does Not End Automatically

One of the most common misconceptions among Queensland landlords: a fixed-term tenancy does not terminate on its expiry date. Under section 70 of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), if neither party serves a valid statutory notice before the end date, the agreement automatically continues as a periodic tenancy on the same terms.

This means that if you have a 12-month lease ending on 31 March and you do nothing, on 1 April the tenancy continues periodically (often week to week or month to month, depending on the rent period) on the same terms — and ending a periodic tenancy requires its own notice with its own grounds.

The Two-Month Notice Requirement

To end a fixed-term tenancy at its natural expiry, the landlord must serve a Form 12 Notice to Leave citing the "end of fixed term agreement" ground under section 291. The minimum notice period is two months, and the handover date on the Form 12 cannot be earlier than the fixed-term end date.

The arithmetic matters. If the fixed term ends on 30 June, the Form 12 must be served at least two months before that date — meaning the tenant needs to receive it by 30 April at the latest (in person). If served by post, add postal transit days, which pushes the serve-by date even earlier.

Missing this window does not mean you cannot end the tenancy. It means the tenancy rolls over to periodic, and you would need to use a different ground (such as owner occupation, sale, or breach) with its own prerequisites and notice period.

What If You Want the Tenant to Stay

If you intend to renew, you can execute a new fixed-term agreement. If you do nothing and are happy for the tenant to continue, the automatic rollover to a periodic tenancy achieves this without any paperwork — the existing terms carry forward.

Grounds Available During a Fixed Term

Most termination grounds cannot be used to end a fixed-term tenancy early. The sale ground (s 286) is explicitly restricted to periodic tenancies. Owner occupation (s 290G), significant repair (s 290D), demolition (s 290C), and change of use (s 290E) can be cited during a fixed term, but the handover date must still be on or after the fixed-term expiry date.

Grounds that can allow termination before the fixed-term expiry include:

• Unremedied breach (rent arrears or general) under section 281 — requires Form 11 first
• Non-compliance with a QCAT order (s 282)
• Non-liveability (s 284) — property destroyed or unfit, immediate termination
• QCAT applications without a Form 12 for excessive hardship, damage or injury, objectionable behaviour, serious breach, or repeated breaches. Serious-breach applications are non-urgent and require RTA dispute resolution first; urgent grounds such as damage or injury, objectionable behaviour, repeated breaches, and excessive hardship can be filed directly with QCAT.

Practical Timeline

For a fixed-term tenancy ending 30 November 2026:

1. Decide by late September whether to renew, end, or let it roll over
2. If ending: serve Form 12 citing end of fixed term, with a handover date of 30 November (or later). By post, the notice should be mailed by mid-September to allow postal transit days plus the two-month notice period.
3. If the tenant vacates by the handover date: conduct the exit condition inspection and process the bond
4. If the tenant does not vacate: file at QCAT within 14 days of the handover date

Common Mistakes

• Assuming the lease ends on its own without a Form 12
• Serving the Form 12 less than two months before the fixed-term expiry
• Setting a handover date before the fixed-term end date (invalid even if the notice period is long enough)
• Using an outdated Form 12 — only Version 27 (May 2025) is current

The Ending a Tenancy in Queensland guide covers fixed-term and periodic terminations with worked date calculations and a timeline tracker to make sure you serve the notice early enough.

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