Termination for a breach by the tenant

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When a landlord or agent wants to terminate a tenancy and have the tenant vacate the property for a breach of the tenancy agreement they must have valid grounds and they must follow the processes set out in the STT.

Failure to pay rent—clause 92
If rent goes unpaid for 7 days (this includes only paying part of the rent), on the 8th day the landlord may serve a Notice to Remedy (NTR). This must say if the outstanding rent is paid within the next 7 days, no further action will be taken and the tenancy will continue.

If the rent is not paid within that 7 days, a Notice to Vacate (NTV) may be served, giving the tenant 14 days to move out. At this time the landlord can also make an application for a TPO to ACAT.

However the ACAT hearing cannot take place until the date for vacation specified in the NTV has passed. Where 2 previous notices to remedy have been served for rent arrears during a tenancy, and there is a failure to pay rent the landlord may serve a notice to vacate one week after the day on which the rent is due without first serving the notice toremedy.
 

Other breaches—clause 93
For other breaches that are serious enough to justify terminating the tenancy the landlord must give a notice to the tenant to remedy the breach within 14 days, if it is capable of remedy.

If the breach is not remedied within that time, or is incapable of being remedied, a notice to vacate within 14 days can be served. If the tenant does not vacate within the 14 days, the landlord will need to make an application to the ACAT for a TPO in order to remove the tenant.

If the tenant breaches the standard terms on three occasions on any grounds, on the third occasion a notice to vacate may be served immediately — a notice to remedy is not required.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au