Ending a tenancy agreement - Termination if breach not remedied

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TERMINATION IF BREACH Sections 96A, 96B, 96C
NOT REMEDIED
TENANT’S FAILURE TO PAY RENT

If a tenant breaches a tenancy agreement by failing to pay rent or any part of the rent in accordance with the agreement and the rent has been in arrears for at least 14 days, the landlord may give the tenant a “notice to remedy breach”.

The notice must:

  • be in accordance with section 96A and give the tenant at least 8 days in which to remedy the breach; state that if the breach is not remedied then the landlord intends to apply to the Commissioner or a court for an order for termination of the tenancy and possession of the premises.

The notice must also contain other information set out in the Act and Regulations and it is important that landlords familiarise themselves with these requirements before issuing a notice.

OTHER BREACH BY TENANT AND BREACH BY LANDLORD
If a tenant or landlord breaches a term of a tenancy agreement (other than a term relating to the tenants obligation to pay rent) that –

  • is a term of the agreement by virtue the Act, or
  • is specified to be a term a breach of which permits the other party to terminate the agreement, the other party may give a “notice to remedy breach”.

This notice must:

  • be in accordance with section 96B or 96C and give at least 8 days in which to remedy the breach;
  • state that if the breach is not remedied then an application will be made to the Commissioner or a court for an order for termination of the tenancy and possession of the premises.

FAILURE TO REMEDY BREACH AFTER NOTICE GIVEN

If a tenant or landlord does not remedy the breach as required by a notice issued under sections 96A, 96B, or 96C, an application can be made to the Commissioner or a court seeking termination of the tenancy and an order for the landlord to take possession of the premises or permission for the tenant to give up possession of the premises (depending on which party makes the application).

An application of this nature must be made no later than 14 days after the date specified in the notice to remedy breach.

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