Leaving if the lessor or provider fails to fix a breach

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If your lessor or provider fails to remedy a breach of the agreement, you may be able to take steps to end the agreement.

You must first use a Notice to Remedy Breach form to notify the lessor or provider about the breach. If the lessor or provider does not fix the breach by the due date on the notice you can then take steps to end the agreement due to the lessor, or provider's, unremedied breach of the agreement.

In rooming accommodation, if the provider fails to remedy a breach of agreement you can give seven days notice using a Resident Leaving Form. This applies to both periodic and fixed term agreements.

In residential tenancies, if you have a periodic agreement and the lessor fails to remedy a breach of the agreement, you can issue a Notice of Intention to Leave for an unremedied breach. You must give at least seven days notice for general tenancies, two days notice in long tenancy moveable dwelling agreements or one days notice for short tenancy moveable dwelling agreements If you have a fixed term residential tenancy agreement, the breach must be serious to warrant ending the agreement early.

If you are not sure you can apply directly to the Tribunal for an urgent hearing. In the Tribunal you can apply for an order about the breach, or can
apply to the Tribunal for an order to terminate the agreement due to the lessor’s failure to remedy the breach.