Repeated Breaches

If the lessor, agent or provider breaches the agreement in the same way three times in a 12 month period, you can apply to the Tribunal for an urgent hearing to end the tenancy because of ‘repeated breach’ of the agreement.

This applies if you gave the lessor, agent or provider a Notice to Remedy Breach on two occasions for a similar breach and each time they remedy the breach by the due date.

If they breach the agreement in a similar way for a third time (within a 12 month period) you can apply directly to the Tribunal for an urgent hearing to terminate your tenancy due to repeated breaches.

You do not need to issue a third Notice to Remedy Breach or a notice to end the agreement, before you apply to the Tribunal. The repeated breaches must relate to certain sections of the Act including; general obligations regarding repair and maintenance of the premises or facilities, unlawful entry, breach of quiet enjoyment or breach of a provision about rent payments.

In the Tribunal, you will need to show evidence that you have issued two previous breach notices and that the repeated breaches are serious enough to justify early termination of the agreement.

In making a decision, the Tribunal may consider the seriousness of the breach, the period in which the breaches were committed, and the the length of the tenancy. If the Tribunal agrees to terminate your tenancy agreement, it may also make an order for compensation if you incur costs as a result of the lessor or provider’s repeated breaches.