Lessor agent manager or provider breaches the agreement
If a lessor/agent/manager/rooming accommodation provider breaches an agreement, the tenant/resident has a course for action to remedy the breach, depending on the type of tenancy agreement held.
Fast facts
- If a lessor/agent breaches the tenancy agreement, the tenant can issue them with a Notice to remedy breach (Form 11), outlining the reason on the form.
- The party who has breached the agreement has 7 days to fix the problem.
- If the lessor/agent has not fixed the problem within 7 days and the tenant wants to stay, they can apply to the RTA Dispute Resolution Service for assistance.
- Alternatively they can issue the lessor/agent with a Notice of intention to leave (Form 13) giving at least 7 days notice to end the periodic agreement. In a fixed agreement, the tenant will need to contact the RTA Dispute Resolution Service.
- If the problem is remedied after the tenant has issued the Notice of intention to leave, they can continue to end the tenancy or withdraw the notice. This must be done in writing before the end of tenancy date.
- A repeat breach is when 2 or more notices have been given for the same breach within a 12 months period, and a third breach occurs, they can apply to the Tribunal to have the tenancy agreement ended, provided:
- a Notice to remedy breach was given each time
- each breach was for the same problem and was rectified, and
- the problem is of a serious nature
- This does not automatically mean the tenancy agreement will be terminated.
- The tenant should continue to pay rent until the agreement is formally ended.
- A tenant may be entitled to apply to the Tribunal for compensation if the problem is not fixed within the breach period.
Fast facts
- If an owner/manager breaches the tenancy agreement, the tenant can issue them with a Notice to remedy breach (Form 11), outlining the reason on the form.
- The owner/manager has 7 days to fix the problem.
- If the owner/manager has not fixed the problem within 7 days and the tenant wants to stay, they can apply to the RTA Dispute Resolution Service for assistance.
- Alternatively, if the problem is a serious breach of the agreement, they can issue the owner/manager with a Notice of intention to leave (Form 13) giving at least 7 days notice to end a long term agreement or 24 hours notice in a short term agreement.
- If the problem is fixed after the tenant has issued the Notice of intention to leave, but before handover day, they can end the tenancy or withdraw the notice. This must be done in writing before the handover day.
- A repeat breach is when 2 or more notices have been given for the same breach within a 12 months period, and a third breach occurs, they can apply to the Tribunal to have the tenancy agreement ended, provided:
- a Notice to remedy breach was given each time
- each breach was for the same problem and was rectified, and
- the problem is of a serious nature
- The tenant should continue to pay rent until the agreement is formally ended.
- A tenant may be entitled to apply to the Tribunal for compensation if the problem is not fixed within the breach period.
Fast facts
- If the provider has breached the agreement, the resident can issue them with a Notice to remedy breach (Form R11).
- If the provider has not fixed the problem within 5 days and the resident wants to stay, they can apply to the RTA Dispute Resolution Service for assistance or issue the provider with a Resident leaving form (Form R13) giving at least 7 days notice of their intention to leave.
- If the problem is remedied after the resident has issued the Resident leaving form, they can end the tenancy or withdraw the notice. This must be done in writing before the end of tenancy date.
- The resident should continue to pay rent until the agreement is formally ended.