Notice to lessor of breach of agreement - Form 23
There are a number of notices designed to help the lessor, property manager and tenant/s deal with various issues.
Only issue a notice after you have tried to negotiate the problem or dispute with the other person.
Standard forms and notices
When a notice is served, proper procedures must be observed. If the matter ends up in court, the person who prepared the notice would have to prove it had been served correctly. How to serve notice correctly is covered in more detail in using notices and counting days.
When to use this form
This form may be used when the tenant believes the lessor (landlord) has breached the tenancy agreement.
Important information for tenants and lessors
- If the tenant believes the lessor (landlord) has breached the tenancy agreement, the tenant should contact the lessor or the lessor’s property manager to try to resolve the matter before issuing a breach notice.
- By providing this breach notice, the tenant is advising the lessor that the residential tenancy agreement has been breached and they require that the lessor remedies the breach.
- If the lessor does not remedy the breach, the tenant may apply to the Magistrates Court for an order for the lessor to remedy the breach or for some other action.
- The tenant should not stop paying rent to try and make the lessor fix the problem. That would breach the tenancy agreement and the lessor could issue the tenant with a notice to terminate the tenancy.
- The tenant should seek advice before providing this notice to the lessor.
- The tenant and lessor should seek advice immediately if they do not understand this notice or if they require further information.
For further information about tenancy rights, refer to the Residential Tenancies Act 1987 or contact the Department of Mines, Industry Regulation and Safety on 1300 304 054 or www.dmirs.wa.gov.au/consumer-protection.
For Translating and Interpreting Services please telephone TIS on 13 14 50 and ask to speak to the Department of Mines, Industry Regulation and Safety (1300 304 054) for assistance.
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