Tenant or resident breaches the agreement

If a tenant or resident breaches the tenancy agreement, the other party can issue them with a Notice to remedy breach (Form 11) or Form R11 in rooming accommodation, outlining the reason on the form.

The party who has breached the agreement has 7 days to fix the problem in a general tenancy, 5 days for overdue rent in a caravan park.

In rooming accommodation it varies between 2 and 5 days depending on the problem. The timeframes for overdue rent are outlined on our Non-payment of rent and rent arrears page. If a resident has broken a house rule they generally have 5 days to fix the problem.

An example of a tenant breaching the agreement could be falling more than 7 days behind in rent or not keeping the property in the agreed condition.

An example of an lessor/agent/manager breaching the agreement could be failing to do repairs or entering the property/room without the correct notice.

Fast facts

  • If the tenant has breached the agreement and does not fix the problem within 7 days they can be issued with a Notice to leave (Form 12) giving them 14 days to leave the property for a general breach or 7 days for a rent breach or apply to the RTA Dispute Resolution Service for assistance.
  • A repeat breach is when 2 or more notices have been given for the same breach within a 12 month period, and when a third breach occurs, they can apply to the Tribunal to have the tenancy agreement ended, provided:
  • If the tenant doesn't leave after being given the Notice to leave, the lessor/agent can apply to the Tribunal for a termination order and warrant of possession within 14 days of expiry of the Notice to leave.
  • If this warrant is granted, it will authorise a police officer or stated authorised person to enter the property and make the tenant leave. The lessor/agent cannot enter the property or force the tenant to leave without this warrant in place.
  • The lessor/agent does not have to apply to the Tribunal and the agreement can continue if both parties agree.

 

Fast facts

  • If the tenant has breached the agreement they can be issued with a Notice to remedy breach (Form 11) giving them at least 7 days to fix the problem or 5 days if the rent has not been paid for 7 days or more.
  • If the problem has not been fixed within the allowed time, the owner/manager can issue them with a Notice of intention to leave (Form 13) giving them 2 days to leave the park or apply to the RTA Dispute Resolution Service for assistance.
  • If the tenant does not agree with a notice that has been given, they should discuss it with the owner/manager and try to come to an agreement. If they cannot reach an agreement they can apply to the RTA Dispute Resolution Service for assistance.
  • A repeat breach is when 2 or more notices have been given for the same breach within a 12 month period, and when 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
  • If the tenant doesn't leave after being given the Notice of intention to leave, the owner/manager can apply to the Tribunal for a termination order and warrant of possession within 14 days of expiry of the notice to leave.
  • If this warrant is granted, it will authorise a police officer or stated authorised person to enter the premises and make the tenant leave. The owner/manager cannot enter the premises or force the tenant to leave without this warrant in place.
  • The owner/manager does not have to apply to the Tribunal and the agreement can continue if both parties agree.

 

Fast facts

  • In rooming accommodation if the breach relates to unpaid rent, the provider can give the resident a Notice to remedy breach (Form R11), giving them 2 days to pay the unpaid rent if they are in the tenancy under 28 days or 4 days if they have been in the tenancy more than 28 days.
  • If the Notice to remedy breach (Form R11) is for a reason other than unpaid rent, the provider must give at least 5 days notice.
  • If the resident does not remedy the breach in this time, the provider can give them a notice to leave.
  • For a serious breach of the agreement the provider can ask the resident to leave the premises immediately.
  • Serious breaches could include:
    • the resident has used their room or common rooms for an illegal purpose, or
    • the resident, or their guest, has:
      • destroyed or seriously damaged a part of the premises
      • endangered another person within the premises, or
      • significantly interfered with the reasonable peace, comfort or privacy of another resident
  • If the resident doesn't leave after being given the Notice to leave, the provider can request the assistance of the police.
  • If the resident does not agree with a notice, they can apply to the RTA Dispute Resolution Service for assistance.

 

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