RTA Form 12 Notice to Leave Queensland: How to Fill It Out Correctly
What Form 12 Is and When You Need It
Form 12 is the prescribed Notice to Leave for the ordinary landlord notice process in general residential tenancies in Queensland. A letter or email in your own words does not replace the prescribed form. The Act also allows some termination applications to be made directly to QCAT without Form 12; the requirements depend on the ground.
The current version is Form 12 Version 27, effective 1 May 2025. Using any earlier version — even Version 26 — invalidates the notice. Download the current form directly from the RTA website (rta.qld.gov.au), not from template marketplaces.
The Mandatory Fields
Every Form 12 must include:
- Full legal names of all co-tenants listed on the tenancy agreement (Form 18a). Missing one co-tenant can void the notice.
- The exact property address matching the tenancy agreement.
- One statutory ground — tick the single box that matches your lawful reason. You cannot tick multiple grounds on the same Form 12; if grounds overlap, choose the one that fits your evidence.
- Specific factual details explaining why the ground applies. "Breach of lease" is not enough. You need dates, events, and references — for example, the unpaid rent period and the date the Form 11 remedy period expired.
- The handover date — this must incorporate the full statutory notice period plus any postal delivery allowance. Under section 349 of the RTRA Act, QCAT may make a termination order despite a notice defect if appropriate in all the circumstances; if the date is short, serve a fresh Form 12 rather than relying on that discretion.
- Signature and date of the lessor or their authorised agent.
Under section 349, QCAT may make a termination order despite a defect in Form 12 if that is appropriate in all the circumstances. An unsupported ground or insufficient notice may still prevent an order.
Choosing the Right Ground
Queensland abolished without-grounds termination in October 2022. Every Form 12 must be anchored to a recognised statutory ground. The most common ones:
| Ground | Notice Period | Fixed-Term Restriction |
|---|---|---|
| End of fixed term (s 291) | 2 months | Handover date cannot be before the fixed-term end date |
| Unremedied rent arrears (s 281) | 7 days | Requires Form 11 first; can be used during fixed term |
| Unremedied general breach (s 281) | 14 days | Requires Form 11 first; can be used during fixed term |
| Sale contract (s 286) | 2 months | Periodic tenancies only |
| Owner occupation (s 290G) | 2 months | Cannot end fixed term early |
| Significant repair (s 290D) | 2 months | Handover date cannot be before fixed-term end date |
| Non-liveability (s 284) | Immediate | Can end agreement regardless of fixed term |
Grounds are not interchangeable. A Form 12 must use a ground supported by the facts. QCAT may make a termination order despite a notice defect under section 349 if appropriate in all the circumstances, but an unestablished ground can still defeat the application.
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How to Serve It
Service must comply with the RTRA Act and section 38 of the Acts Interpretation Act 1954:
- In person or at the address for service — hand it to the tenant or an adult occupant, or leave it at the address for service stated in the agreement. Service is effective on the day it is given or left.
- By post — mail it to the tenant's address. You must add postal delivery days on top of the notice period (typically 2–6 business days depending on location and postage class).
- By email or SMS — only valid if that method is recorded in the tenancy agreement. Email is received when it enters the recipient's email server; SMS receipt time is determined under section 24 of the Electronic Transactions (Queensland) Act 2001.
Do not rely on a casual WhatsApp or social media message as service. A notice may be left at the address for service stated in the agreement; do not enter the rented premises to push it under the door.
Common Mistakes That Invalidate the Notice
- Using an outdated form version (pre-May 2025)
- Calculating the handover date without accounting for postal transit days
- Ticking the sale ground (s 286) for a fixed-term tenancy — it only applies to periodic tenancies
- Issuing Form 12 for rent arrears without first serving and waiting out Form 11
- Naming only one co-tenant when the agreement lists two
- Amending the form after service — corrections require a fresh Form 12 with a new notice period
What Happens After You Serve It
If the tenant vacates by the handover date, the tenancy ends and you proceed to the exit condition inspection and bond process. If the tenant does not leave, you have exactly 14 days from the handover date to file a Form 2 application with QCAT. Miss that window and the Form 12 expires — you would need to serve a new notice and restart the entire calculation.
The Ending a Tenancy in Queensland guide covers every ground, the notice period arithmetic, service rules, and the QCAT filing process in one dated reference, with worksheets for tracking your notice timeline and service log.
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