RESIDENTIAL TENANCIES ACT 2010 - SECT 88
Termination notices for non-payment of rent or charges
RESIDENTIAL TENANCIES ACT 2010 - SECT 88
Termination notices for non-payment of rent or charges
(1) A termination notice given by a landlord on the ground of a breach of the
residential tenancy agreement arising solely from a failure to pay-- (a) rent,
or
(b) water usage charges, or
(c) charges for the supply of electricity,
gas or oil (
"utility charges" ),
payable by the tenant (a
"non-payment termination notice" ) has no effect unless the rent has, or the
water usage charges or utility charges have, remained unpaid in breach of the
agreement for not less than 14 days before the non-payment termination notice
is given.
(2) A non-payment termination notice is not ineffective merely
because of any failure of the landlord or the landlord's agent to make a prior
formal demand for payment of the rent, water usage charges or utility charges.
(3) A non-payment termination notice must inform the tenant that the tenant is
not required to vacate the residential premises if the tenant pays all the
rent, water usage charges or utility charges owing or enters into, and fully
complies with, a repayment plan agreed with the landlord, unless the Tribunal
makes a termination order on the basis that the tenant has frequently failed
to pay rent, water usage charges or utility charges on time.
(4) Despite any
other provision of this Part, a landlord may apply to the Tribunal for a
termination order before the termination date specified in a
non-payment termination notice. The Tribunal must not consider any such
application until after the termination date.
