Notice to remedy breach

Fast facts

  • Notice to remedy breach is a written document that informs the other party that they have broken the General tenancy or Rooming accommodation agreement. The notice informs the other party there is a problem or dispute and asks for the situation to be fixed within a certain timeframe.
  • Some examples of when a Notice to remedy breach might be given:
    • given to the tenant for non-payment of rent, not keeping the premises in good condition or excessive noise
    • given by the tenant to the lessor/agent for not maintaining the property in good order, not repairing something that was broken or not providing the services listed in the agreement
  • This notice is a Form 11 in a general tenancy or a Form R11 in rooming accommodation.
  • It can be issued by the lessor, agent or manager to the tenant/resident or by the tenant/resident to the lessor, agent or manager.
  • In serious cases, if the Notice to remedy breach is not resolved, either party can give a Notice to leave (Form 12) (lessor/agent) or Notice of intention to leave (Form 13) (tenant) and/or apply to the Tribunal to end the agreement. The normal rules about ending a tenancy still apply and the tenant or lessor/agent could have to pay penalties for ending an agreement early.
  • For rooming accommodation, either party can give a Notice to leave (Form R12) (provider) or Resident leaving form (Form R13) (tenant) and/or apply to the Tribunal to end the agreement.
  • Receiving multiple notices for the same breach can have serious consequences, such as applying to have the tenancy ended early.

 

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