Tenant Refuses to Leave After Notice Queensland: What to Do Next

The 14-Day Window Is Everything

When a tenant does not vacate by the handover date on a valid Form 12, the landlord enters the most time-sensitive phase of the entire termination process. Under section 293 of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), the landlord has exactly 14 days from the handover date to lodge a Form 2 application at QCAT for a termination order.

Miss this 14-day window and QCAT loses jurisdiction. The Form 12 becomes unenforceable. The landlord must serve a fresh notice, recalculate the dates, wait out a new notice period, and start over. There is no extension and no late filing provision.

Self-Help Eviction Is Illegal

Regardless of how frustrating the situation is, Queensland law prohibits landlords from recovering possession except in a way authorised under the Act. Section 353(2) of the RTRA Act carries a maximum penalty of 50 penalty units — $8,635 at the current rate of $172.70 per unit (effective 1 July 2026). Do not:

• Change the locks (even to "secure" the property)
• Disconnect electricity, gas, or water
• Remove or interfere with the tenant's belongings
• Physically prevent the tenant from entering

The lawful path to regain possession after a tenancy ends is through QCAT and the warrant process.

Filing at QCAT

The application is made on QCAT Form 2: Application for Minor Civil Dispute – Residential Tenancy Dispute. This is classified as an urgent matter under section 415 of the RTRA Act — no prior RTA conciliation is required. You file directly with QCAT.

Lodge online via the QCase portal or in person at the QCAT Principal Registry in Brisbane or any Magistrates Court registry. The filing fee for a termination application with no monetary claim is $119.00 (effective 1 July 2026).

What QCAT Assesses

The tribunal checks three things:

1. Were the factual prerequisites for the ground established? For rent arrears, this means the full Form 11 sequence was followed. For sale, the Form 10 and signed contract of sale must exist.
2. Was service valid? The Form 12 must have been served using a lawful method (in person, by post, or by consented email) and the notice period calculated correctly in clear days.
3. Is it just and equitable to grant a termination order? QCAT considers the full circumstances — the strength of the evidence, whether the tenant was prejudiced by any minor procedural issue, and any competing claims.

After the QCAT Order

If QCAT grants a termination order, it specifies the date the tenancy ends and also issues a warrant of possession. If the tenant does not leave by the ordered date, the landlord must ask the local police station to execute the warrant. Police are responsible for ordinary residential tenancy enforcement; the warrant authorises a police officer or another authorised person named in it.

A warrant takes effect on the date stated in it and generally ends 14 days later; the effective date cannot be later than three business days after issue. QCAT can set a later end date for special circumstances. If the warrant expires unexecuted, the landlord must apply for a second warrant.

The Tenant's Position

A holdover tenant is not in a strong position, but they have rights during the process. Rent remains payable for the period they occupy the property. The landlord can claim compensation for the holdover period at QCAT. The tenant may also raise defences — challenging the validity of the Form 12, claiming retaliatory eviction, or arguing the ground was not genuinely satisfied.

Timeline Expectations

There is no fixed total timeline from the handover date to enforcement. QCAT says finalisation time depends on its workload and the steps parties need to complete; the warrant sets the execution dates, generally a 14-day period.

The Ending a Tenancy in Queensland guide covers the holdover scenario with a QCAT filing checklist, the 14-day deadline tracker, and the evidence requirements for each ground.

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