From 1st October 2022, various amendments will come into effect from the Housing Legislation Amendment Act 2021 (Qld) (HLAA) that affect the manner and time frame periods when issuing a Form 12 Notice to Leave in respect of a residential tenancy agreement in Queensland.
This includes the removal of the right to end a tenancy ‘without grounds’ along with new notice periods for existing grounds including:
- Demolition or redevelopment (2 months and not before end of fixed term);
- Significant repair or renovations (2 months and not before end of fixed term);
- Change of use (2 months and not before end of fixed term);
- Ending of entitlement to student accommodation (1 month);
- State government program (2 months and not before end of fixed term); and
- Owner occupation (2 months and not before end of fixed term).
Where the property is to be sold, the notice period will increase to 2 months (having previously been 4 weeks) and, if the property is subject to a fixed term tenancy agreement, the handover date stipulated in the notice must not be before the end date of the fixed term.
Consideration to these notice periods must be factored in especially where vacant possession is (or may become) a term of the contract of sale, along with care to ensure that the settlement date on the contract of sale is appropriate in these circumstances.
For further information, please click on the link below to the REIQ article (posted 19.07.2022):