Guide to Form 15: Abandonment Termination Notice for Queensland

Understanding the Residential Tenancies Authority Form 15: Abandonment Termination Notice

If you are a property owner or property manager in Queensland, Australia, and suspect that your tenant has abandoned the rental property, the Form 15: Abandonment Termination Notice issued by the Residential Tenancies Authority (RTA) is an essential document to understand and use correctly. This form helps you formally notify the tenant of your belief that they have abandoned the property, and it sets out the process for ending the tenancy if there is no dispute.

What is the purpose of Form 15?

The primary purpose of the Form 15 is to serve as a formal notice to tenants that the landlord or property manager believes the tenant has abandoned the rental property. It is used when the landlord or property manager has reasonable grounds to think that the tenant is no longer occupying the premises and has not communicated with the landlord for an extended period. The form is a legal requirement under the Residential Tenancies and Rooming Accommodation Act 2008, specifically section 355.

Once served, if the tenant does not dispute the notice within 7 days, they are deemed to have abandoned the property. This allows the landlord or property manager to take steps to regain possession legally and proceed with the end of the tenancy agreement.

Who should complete and issue the Form 15?

The form should be completed and issued by the property manager or property owner of the rental property. It is important that the person issuing the notice has reasonable grounds to believe that the property has been abandoned. These grounds might include:

• The tenant has not responded to contact attempts for an extended period.
• The property appears unoccupied and no rent has been received.
• The tenant has not accessed the property or communicated with the landlord for a significant time.

Before issuing the notice, the property manager or owner should ensure that they have documented their reasons for believing the property has been abandoned, to support their decision if challenged later.

How to fill out the Form 15 correctly

Completing the form involves several key steps:

1. Address of the rental property: Provide the full address, including postcode.
2. Notice issued by: Fill in the property manager’s or owner’s full name or trading name, along with postal address, phone number, and email.
3. Notice issued to: List the full name(s) of the tenant(s). You can include up to three tenants.
4. Date of issue: Specify the day and date when the notice is issued, as well as the method of delivery (e.g., by post, in person).
5. Notice period: The notice states that if the tenant does not dispute within 7 days, they are deemed to have abandoned the property, effective from the specified date.
6. Signature: The property manager or owner must sign and print their name, and date the form.

It is recommended to serve this notice in the usual manner, such as by mail or hand delivery. Email can only be used if the tenant has explicitly agreed to electronic notifications as per their rental agreement.

Important considerations and legal obligations

When issuing a Form 15, the property manager or owner must adhere to legal procedures:

• Entering the property: The landlord or manager must not enter the property to take possession unless in accordance with the Act.
• Disposal of goods: Any goods or documents left behind must be managed lawfully, either by returning or disposing of them as prescribed.
• Penalties: Non-compliance with these procedures can attract penalties under the legislation.

Disputing the Abandonment Notice

The tenant has a right to dispute the notice. They can apply to the Queensland Civil and Administrative Tribunal (QCAT) within:

• 7 days to contest the notice itself.
• 28 days to seek compensation related to the termination.

If the tenant does not dispute within 7 days, they are considered to have abandoned the property, and the landlord can proceed with vacating the premises.

Implications for Bond Refunds

The Rental Bond cannot be refunded until the date specified in item 5 of the notice, which is the date the property is deemed abandoned. The RTA will not process bond refunds or payments until the tenancy has officially ended, and the necessary procedures have been followed.

In summary, the Form 15 is a critical legal document for property managers and landlords in Queensland to formally declare property abandonment. Proper completion, serving, and adherence to legal obligations ensure the process is lawful and minimizes potential disputes or penalties.