Landlords need to get Notices to Remedy Breach exactly right

June 12, 2017

When a landlord wants to “get serious” about a tenant’s rental arrears or other breaches, the landlord will often need to prepare and serve a “Notice to Remedy Breach” (NTRB) on the tenant.

In the recent case of Tyrrell v Jesbro Enterprise Pty Ltd [2017] QSC 055 the Landlord’s attempt to terminate a tenant for rental arrears failed because the NTRB did not include a “Note” which appears in the approved form.

There are many ways to get a NTRB wrong. The potential consequences go beyond mere cost & inconvenience and include the landlord wrongly terminating (repudiating) the lease and giving the tenant a “free pass” to end the lease and sue the landlord.

The simple but important lesson is always retain experienced property or commercial litigation lawyers to issue NTRBs.

Article by Julian Creagh, Associate, Wilson Lawyers

Important Notice: This publication is provided as general information only and should not be considered or relied upon as legal advice. The law is complex and you should always obtain specific legal advice about your circumstances from a qualified legal practitioner. If you require legal advice, please contact our office to see how we can help.