A breach of a tenancy agreement is when either the tenant or the lessor/agent breaks any condition of the agreement. The Notice to remedy breach is the official form used.

Examples of breaches by tenants include:

• not paying rent
• not paying other bills such as water (if charged)
• damage to the property
• not maintaining the premises properly
• illegal use of the property
• keeping a pet without permission
• having more tenants on the premises than stated on the tenancy agreement

Examples of breaches by lessors/agents include:

• entering the property without correct notice
• not fixing something that is broken

If either party breaches the agreement they can issue the other with a Notice to remedy breach (Form 11) or Form R11 for rooming accommodation.

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 (Form 11/R11) was given each time
• each breach was for the same problem and was rectified, and
• the problem is of a serious nature

Note that more than 2 breaches of a non-serious issue will not necessarily result in the tribunal ending the agreement.