Residential Landlord & Tenancy
10. Breach of Duty by a Tenant
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Sep 2015
- Tenants and landlords must fulfil their obligations under the tenancy agreement and under the relevant residential tenancies legislation in their state or territory.
- Where a tenant or landlord fails to fulfil one of their duties they can be served with (given) a breach of duty notice which will request that the tenant rectify (fix) the breach or compensate (pay) for the breach.
- A breach of duty notice serves as a formal written warning.
- Usually after three warnings about the same type of breach a notice to vacate (leave the premises) can be given to the tenant.
- Examples of breach of duty by a tenant which are sufficient (enough) for a landlord to send a ‘breach of duty notice’ include where the tenant:
- is creating a nuisance to neighbours or the public;
- has failed to keep the premises in a clean condition;
- has not taken care to avoid damaging the premises or common areas;
- has refused to permit entry by the landlord in situations where the landlord has sought entry in accordance with legislation;
- has installed fixtures without the landlord's consent; or
- has failed to give the landlord a key to a changed lock or has changed a master lock without consent.
- The grounds for issuing a breach of duty notice to a tenant may vary depending on your state or territory and it is advisable to seek advice from a lawyer before issuing such a notice.
- Our free Find a Lawyer directory may help put you in touch with the assistance you need.
- If the breach of duty is not rectified within a set time period then the landlord can make an application to have the matter heard by the relevant tribunal.
- The tribunal will then make a decision in regards to your dispute.
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