Simple breaches

– ending a tenancy

 

Residential tenancies and rooming houses

Applications may be made to SACAT to resolve breaches such as unpaid rent by the tenant or failure to repair defects by the landlord. A breach means either that, a person who signed an agreement has not done what they agreed to do, or the relevant law has been breached (broken).

Before bringing a dispute to SACAT, tenants and landlords should first provide a notice to the other party asking them to correct the breach. Tenants can provide landlords with a ‘Form 4 - Notice to landlord to remedy breach of agreement’ and landlords should provide tenants with a ‘Form 2 - Notice to tenant to remedy breach of agreement’.

If the breaching person does not remedy the breach within the time permitted, then the other person may apply to SACAT to end the agreement and / or for possession.

Breaches for which this process is suitable include
•    breaches by tenants such as failure to pay rent, failure to pay outstanding water invoices, failure to provide access to the landlord
•    breaches by landlords such as failure to repair defects, failure to provide proper locks.

Rooming houses

A similar process is open to rooming house proprietors.

Residential parks

A similar process is also available to residents and owners/operators of residential parks  - in this case however the owner or operator will provide a ‘Form A - Notice to remedy breach of agreement’ and the resident will serve a ‘Form A(1) - Notice to remedy breach of agreement’.

See also retirement village disputes.