What if I don't think the landlord has grounds to terminate my tenancy

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If you have received a Notice to Remedy and you don’t accept that the landlord or agent has an legitimate claim, or that the breach justifies termination of the agreement you can respond to the notice.

For example if the agent sends a NTR stating that you have breached the tenancy agreement by having a guest stay overnight, or not having the premises spotless for an inspection you can respond that there has been no breach and therefore the NTR is not valid.

Make sure you keep a copy of this response. If you then receive a Notice to Vacate you can respond in writing to say that you do not accept these grounds and that there is no basis for terminating the tenancy and you will not be vacating.

If you don’t vacate the landlord or agent may accept that they do not have grounds and not take any further action HOWEVER they can also still make (or have already made) an application to ACAT. If this happens you will be able to present your argument to the Tribunal.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au