Law Current to: September 3, 2025

Provider Ending a Rooming Agreement

Rooming accommodation is defined in section 15 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) as rented accommodation where:

  • has a right to occupy 1 or more rooms
  • does not have a right to occupy the whole of the premises in which the rooms are situated
  • does not occupy a self-contained unit
  • shares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents

Rooming accommodation agreements must be in writing (usually by using a Form R18) and include certain standard terms. Detailed information can be accessed on the RTA’s website here.

It’s important to confirm exactly what type of agreement applies to a client’s individual circumstances. A client’s rights, obligations and options change depending on the type of agreement.

For example, some accommodation is not covered by the RTRAA (such as holiday accommodation).

It is also possible to ‘opt into’ a general tenancy agreement even where the living arrangements meet the definition of rooming accommodation. Where an agreement states it is a general tenancy (or a Form 18a has been signed) the client will be considered a tenant and have the benefits of the residential tenancy provisions.

 

Tenants Queensland’s factsheet Do you Rent a Room? outlines in detail when a person is a resident under a rooming accommodation agreement and when they are not.

Rooming provider ending an agreement

The RTRAA outlines the various circumstances when a rooming agreement can be ended by a provider and the process that providers must follow:

  • the provider gives the resident a Notice to Leave – Rooming Accommodation (Form R12). The provider must have a valid reason for issuing the Notice to Leave and must follow the process outlined in the RTRAA.
  • the provider forms a view that a tenant has abandoned their room and the rent already paid has been used up.
  • a sole resident dies.
  • the QCAT makes an order terminating the agreement.

A provider and the resident can mutually agree to end the agreement. Any agreement should be in writing. We also discuss the options for a resident to terminate an agreement here.

Alleged breach by a resident

A rooming provider may end a tenancy for breach of the agreement in two circumstances:

  • an unremedied breach of a condition (a general breach, pursuant to section 369 of the RTRAA); or
  • a serious breach (pursuant to section 370 of the RTRAA).

dation agreement can be found on the RTA factsheet here.

Tenants Queensland have useful summaries which set out the reasons a rooming provider can give a Notice to Leave, and how much notice can be given. They can be found here and further details from the RTA on the Notice to Leave can be found here.

Ending an agreement for a serious breach

A rooming provider can issue an immediate Notice to Leave (by way of a standard form RTA Form R12) if:

    • the provider reasonably believes the resident has used the room or common areas for an illegal purpose (section 370 of the RTRAA); or

    • the resident (section 369(3) of the RTRAA):
        • was living in the premises for less than 28 days at the time the rent was due; and

        • received a breach notice (under section 368 of the RTRAA) for rent arrears; and

        • failed to pay the rent arrears within the time stated in the breach notice; or

    • the resident or their guests, intentionally or recklessly (section 370 of the RTRAA):
        • destroyed or seriously damaged the premises or a facility in the premises; or

        • endangered somebody on the premises; or

        • significantly interfered with the reasonable peace, comfort or privacy of another resident or their use of the premises.

An immediate Notice to Leave must state the reasons why the tenant is being required to leave and be signed by the provider.

A tenant who has received an immediate Notice to Leave has until the end of the day (11:59pm) to vacate.

Ending an agreement for a general breach

If the provider reasonably believes the resident has breached the agreement, they can issue a Notice to Remedy Breach – Rooming Accommodation (Form R11). Both parties should retain a copy of the Notice for their own records.

A Notice to Remedy Breach for a rooming accommodation must, in accordance with section 368 of the RTRAA:

    • be on the approved RTA form (see Form R11);

    • provide details of the breach;

    • state the day by which the breach must be fixed. Note: There are specific timeframes that the provider must allow for the identified breach to be rectified (section 368(5) of the RTRAA). That is:
        • two days if there is unpaid rent where the tenant has been renting for less than 28 days;

        • four days if there is unpaid rent where the tenant has been renting for more than 28 days; and

        • five days for a general breach, being a reason other than unpaid rent; and

    • be signed by the provider.

If the provider reasonably believes that the tenant has not remedied the breach by the due date specified in the Form R11 Notice, or has repeated the breach before the due date, the rooming provider can:

    • choose to ignore the breach and continue the agreement; or

    • proceed to end the tenancy.

If the rooming provider elects to end the tenancy, they must issue a Form R12, Notice to Leave – Rooming Accommodation, and provide at least two days’ notice. This notice may be withdrawn by the provider at any time before the resident leaves the accommodation.

Further information regarding ending a rooming accommodation agreement can be found on the RTA factsheet here.

Tenants Queensland have useful summaries which set out the reasons a rooming provider can give a Notice to Leave, and how much notice can be given. They can be found here and further details from the RTA on the Notice to Leave can be found here.

Notice to leave for end of fixed term agreement

A provider can end a fixed term agreement provided the resident is only required to leave the rental premises no earlier than either of the following:

  • 14 days after the notice is given to the resident
  • the end of the rooming accommodation agreement.

Section 372 outlines the further statutory requirement for a provider to issue a notice to leave for the end of a fixed term agreement.

Reason other than unremedied breach

The Act allows for agreements to be ended for reasons other than unremedied breaches including:

  • If a sole resident dies:
    • the agreement ends two weeks after the resident’s death if no notice is given to the provider by the resident’s personal representative or relative, or if no notice is given by the provider to the representative or relative.
    • if no notice is given, the agreement ends seven days after the notice is received or on the day agreed on the notice.
  • Non-liveability:
    • the provider can end the agreement if the property is totally or partially destroyed, or can no longer be used as a residence.
  • End of employment or study:
    • where the resident occupies rooming accommodation under the terms of employment or study and that employment ends.
  • Premises abandoned by tenant.
  • Mortgagee in possession.
  • Premises being sold.
  • Planned demolition, redevelopment, repair, renovations etc.
  • Change of use of premises.

More information from the RTA can be found here.

Providers’ powers to force removal from the premises

A key difference between residential tenancies and rooming accommodation is that irrespective of the reason for the Notice to Leave, if a tenant has not vacated by the date specified on the form, the rooming provider may remove the tenant and their belongings from the premises (section 375 of the Act).

A police officer must be present at the time if the provider is going to use necessary and reasonable force to remove the tenant (section 375(3) of the Act).

Only necessary and reasonable force may be used, which does not include force that is likely to cause bodily harm to the resident or to damage the resident’s property (section 375(5) of the Act.

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