Understanding the Queensland Form 13: Tenant's Notice to Leave

Understanding the Form 13: Notice of Intention to Leave in Queensland

The Notice of Intention to Leave (Form 13) is an official document used by tenants in Queensland, Australia, to formally notify their landlord or property manager of their intention to vacate a rental property. Managed by the Residential Tenancies Authority (RTA), this form is essential for ensuring a smooth transition when ending a tenancy agreement, whether it’s for a fixed-term lease or a periodic tenancy.

When to Use the Form 13

This form is applicable in various situations where tenants decide to leave their rental property. The most common reasons include:

• End of a fixed-term tenancy agreement
• Moving out during a periodic tenancy
• Leaving due to specific grounds such as domestic violence, property sale, or breach of the tenancy agreement

It is important to note that tenants must give proper notice according to the legislation and the reason for leaving. For example, if vacating due to domestic and family violence, tenants should also complete a separate Notice ending tenancy interest (Form 20) and provide relevant evidence.

Key Information Required on the Form

The form gathers crucial details to formalize the notice and facilitate communication between tenants and property owners or managers. The main sections include:

• Rental Property Address: The full address of the property being vacated.
• Notice Issued By: The full names, forwarding address, contact details, and signatures of all tenants giving notice.
• Notice Issued To: The property owner or manager’s details.
• Reason for Leaving: Multiple grounds are listed, such as without grounds, property sale, breach of agreement, or specific circumstances like death of a tenant.
• Date of Issue and Method: When and how the notice was served (e.g., email, post, in person).
• Vacate Date: The date by which tenants intend to vacate, usually by midnight on the specified day.

Important Considerations and Rules

Tenants should be aware of the minimum notice periods required, which vary depending on the reason for vacating and the type of tenancy. For example:

• Without grounds: Typically 14 days for periodic tenancies, but can be earlier if parties agree.
• Unremedied breach: Usually 7 days, but can be as short as 1 day depending on the breach.
• Sale of property or owner’s intention to sell: Generally 14 days’ notice.

It is crucial to count notice periods correctly, not including the day the notice is given, and to consider weekends and public holidays when calculating deadlines. When serving notices by post, tenants must also allow additional time for delivery.

Submitting and Serving the Notice

Tenants are instructed not to send the Form 13 directly to the RTA. Instead, it must be given to the property owner or manager, with tenants retaining a copy for their records. The notice can be served in person, via email, or by post, with the method noted on the form.

If tenants are vacating because of an unremedied breach by the landlord or manager, they can still give this notice after the breach remedy period has expired. However, this does not guarantee that the tenancy will be terminated automatically; tenants may need to apply for termination through the Queensland Civil and Administrative Tribunal (QCAT).

Points of Attention and Advice

Tenants should ensure all sections of the form are completed accurately and truthfully. If the reason for leaving involves sensitive circumstances such as domestic violence, additional documentation may be required. It is also recommended to keep a copy of the completed form and any evidence submitted, in case of disputes.

Finally, tenants should be aware of the dispute resolution services offered by the RTA, which can assist if disagreements arise regarding the notice or the vacate process. For further information, tenants can contact the RTA directly or visit their official website.