RTA Form 13 Notice of Intention to Leave: Queensland Landlord Guide

What Form 13 Does and When It Applies

Form 13 is the tenant's Notice of Intention to Leave. It tells the landlord the tenant intends to end the tenancy and hand back the property. A landlord does not issue Form 13 to a tenant. The Notice to Remedy Breach is Form 11, which either party can use when they believe the other has breached the tenancy agreement.

For landlords, a Form 13 may follow an unremedied breach or another ground allowed by the RTRA Act. The notice period depends on the ground. Minimum housing standards have applied to every Queensland tenancy since 1 September 2024 and are now set out in Schedule 6 of the Residential Tenancies and Rooming Accommodation Regulation 2025.

How the Breach Notice Process Works

When a tenant alleges a breach, the breach process under the RTRA Act follows this sequence:

Step 1: Form 11 is served. The aggrieved party specifies the exact breach. For a minimum housing standards failure, the notice should describe the specific deficiency — "bathroom exhaust fan non-functional" or "mould present on bedroom ceiling due to roof leak."

Step 2: Cure period. For a general breach in a residential tenancy, the Form 11 gives at least 7 days to remedy the issue.

Step 3: RTA conciliation (Form 16). If the breach is not remedied, the tenant may lodge a Form 16 Dispute Resolution Request with the RTA to initiate formal, independent conciliation.

Step 4: Form 13 or QCAT application. If a breach remains unremedied, a tenant may be able to give a Form 13 Notice of Intention to Leave, with at least 7 days' notice for an unremedied breach in a general tenancy. If conciliation fails, the matter may move to QCAT. Because work needed to meet minimum housing standards is an emergency repair under Section 215 of the RTRA Act, tenants can also apply directly to QCAT for an urgent repair order.

Receiving a Form 13 as a Landlord

When you receive a Form 13 from your tenant, check the ground and handover day stated on the form. Notice periods differ by ground; for an unremedied breach in a general tenancy, the minimum notice period is 7 days. A Form 13 is not the breach notice or cure period itself.

Assess any unresolved breach immediately. If the tenant previously issued a Form 11, check whether the reported problem remains. Cosmetic issues such as hairline plaster cracks or faded paint are not minimum housing standards failures. But active mould from a roof leak, a non-functioning lock on an external door, or a broken cooktop may be.

Issue a Form 9 entry notice. If you need to inspect the property, serve Form 9 with at least 48 hours' notice for repairs and maintenance. Document what you find with photographs.

Arrange required repairs promptly. If a Form 11 cure period is running, observe its deadline. Engage a licensed contractor where required (electrician for wiring, plumber for plumbing, QBCC-licensed builder for structural work). Keep the contractor's tax invoice and any compliance certificates on file.

Respond in writing. Confirm to the tenant what work has been completed and keep evidence of the work.

What Landlords Issue When a Tenant Breaches

Landlords do not issue Form 13. For a tenant breach — such as unpaid rent, property damage, or subletting without consent — a landlord may issue Form 11 Notice to Remedy Breach, if the statutory requirements are met. If the breach remains unremedied, the landlord may be able to issue a Form 12 Notice to Leave, depending on the circumstances.

Form 13 is the tenant's notice of intention to leave. It is different from the landlord's Form 12 Notice to Leave and does not itself resolve a repair dispute.

Keeping Records for QCAT

If a breach notice escalates to QCAT, the tribunal will look at the timeline: when was Form 11 served, what did the landlord do in response, and was the defect fixed within the cure period?

Keeping copies of every Form 11 issued or received, every Form 13 received, every Form 9 entry notice, photographs from inspections, contractor invoices, and written communications creates the evidence trail QCAT may need. Landlords who lose at tribunal almost always lose on documentation, not because they refused to act.

The Queensland Rental Minimum Standards Compliance Guide includes the complete breach-to-repair workflow and evidence templates designed for QCAT readiness.

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