Breach of Agreement by Landlord

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You can:

  • give a termination notice, or
  • apply for a termination order – with or without first giving a termination notice.
     

Alternative to ending the tenancy
Rather than ending the agreement, consider applying to the CTTT for an order that the landlord fixes the breach (e.g. that they carry out repairs). At the CTTT,
you may be able to settle the matter in conciliation with the landlord. Contact your local Tenants Advice and Advocacy Service (TAAS) for advice.

Giving a termination notice
You can give a 14-day termination notice and vacate the premises on the day that you specify. However, the landlord may make an application to the CTTT to dispute the validity of the notice. If the CTTT is satisfi ed that the landlord has fi xed the breach, it may revoke your termination notice and the tenancy will continue.

Applying for a termination order
The CTTT may make a termination order if it fi nds that:

  • the landlord breached the tenancy agreement
  • the breach is suffi cient to justify termination.

The CTTT may decide not to end the tenancy if it decides that the landlord has fi xed the breach or has taken steps to fix it.

Information supplied courtesy of the Tenants Union of NSW

Further information and advice for NSW tenants can be sourced from www.tenants.org.au

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