Defending an Eviction - Defending Eviction for Breach: What is My Defence?

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  • If you believe you have not breached the agreement in the way the landlord says you have, your defence is obvious - you need to convince the tribunal that there is no breach and therefore there is no basis to terminate the tenancy. For example, you have not failed to pay rent and the landlord's calculations are incorrect; or the fact that you had a guest in your home is not a breach of the Standard Terms.
  • If you have breached the agreement, your defence may be that you have remedied the breach and there is no loss to the landlord in the tenancy being allowed to continue. For example, you missed a rent payment but have now made that up; or you have now mowed the lawn and removed the rubbish.

  • If you have breached the agreement but have not yet been able to remedy the breach, your defence may be that you have a proposal for a method and a time frame in which the breach will be remedied. Eg, you will pay off rent arrears of $500 by paying an extra $50/week for the next 10 weeks; or you will mow the lawn within 1 week and remove the rubbish within 2 weeks.
  • If you have breached the agreement but believe that it is a very minor breach, your defence may be that the breach does not justify eviction. For example, you have installed a picture hook without the written permission of the landlord, but this does not undermine the tenancy in any significant way.

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Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au