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Residential Landlord & Tenancy

11. Breach of Duty by Landlord

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 15 Sep 2015
    11. Breach of Duty by Landlord
  • Similar examples exist for the reverse scenario where a landlord has breached their duty towards the tenant.
  • A tenant can give the landlord a breach of duty notice where:
    • the premises are not vacant and in clean condition on the day they are to take possession;
    • the landlord has not replaced a water appliance with an A-rating when the old appliance needed to be replaced;
    • the landlord has failed to provide locks or provide a new key upon changing of the original locks; or
    • the landlord has failed to provide for quiet enjoyment of the property.
  • The grounds for issuing a breach of duty notice to a landlord may vary between states 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 tenant 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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