RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 369 Notice to leave because of failure to remedy breach

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 369

369 Notice to leave because of failure to remedy breach

(1) A provider may give to a resident a notice requiring the resident to leave the rental premises if—

(a) the provider reasonably believes the resident has breached the rooming accommodation agreement; and

(b) the provider has given the resident a notice under section 368 requiring the resident to remedy the breach by a stated due day; and

(c) the due day has passed; and

(d) the provider reasonably believes that—

(i) the breach has not been remedied; or

(ii) after the notice was given and before the due day, the resident repeated the breach and has not remedied the repeated breach.

(2) The notice must—

(a) be in the approved form; and

(b) state why the resident is being required to leave the premises; and

(c) state the day by which the resident must leave the premises; and

(d) be signed by the provider.

(3) If the breach is nonpayment of rent and, at the time the rent was due, the resident had been a resident of the rental premises for less than 28 days, the resident may be required to leave immediately.

(4) Otherwise, the day by which the resident is required to leave the premises must not be less than—

(a) if the breach is nonpayment of rent—4 days after the notice is given; or

(b) otherwise—2 days after the notice is given.

(5) The provider may withdraw the notice at any time before the resident leaves.