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 premises 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 premises and make the tenant leave. The lessor/agent cannot enter the premises 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.