Victorian Consolidated Legislation

Residential Tenancies Act 1997 - SECT 208

Breach of duty notice

208. Breach of duty notice



(1) A person to whom a duty is owed under a duty provision or that person's
agent, may give a breach of duty notice to a person in breach of that duty.

(2) A notice under subsection (1) must-

   (a)  specify the breach; and

   (b)  give details of the loss or damage caused by the breach; and

   (c)  require the person, within the required time after receiving the
        notice-

   (i)  to remedy the breach if possible; or

   (ii) to compensate the person to whom the duty is owed; and

   (d)  state that the person in breach must not commit a similar breach
        again; and





   (e)  state that if the notice is not complied with-

   (i)  an application for compensation or a compliance order may be made to
        the Tribunal; or

   (ii) if section 240 applies, a notice of intention to vacate may be given;
        or

   (iii) if section 249, 283 or 308 (as the case requires) applies, a notice
        to vacate may be given; and

   (f)  be in writing; and

   (g)  be addressed to the person allegedly in breach of the duty or his or
        her agent; and

   (h)  be signed by the person to whom the duty is owed or by that person's
        agent.