Defective Notices

Where a defective notice is served on a tenant and the tenant vacates the property, the tenancy agreement terminates on the day the tenant vacates, but the tenant may apply to ACAT for compensation for wrongful eviction, or if possible for reinstatement as tenant (s 58).

Where a defective notice is served and the tenant doesn’t vacate, the landlord may apply for the defect to be waived. To do so the Tribunal must be satisfied that the defect didn’t put the tenant in a significantly worse position (s 59).1