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.

–  Julian Creagh, Associate, Wilson Lawyers