Fast facts – RTA Form 11 Notice to remedy breach
The Notice to remedy breach (Form 11) is a Residential Tenancies Authority (RTA) approved form and is used during a tenancy by the tenant or property manager if either party believes there has been a breach of the Form 18a General Tenancy Agreement or provisions of the Residential Tenancies and Rooming Accommodation Act (RTRA Act).
Here are a couple of fast facts for property managers to be mindful of when issuing a tenant with a notice.
- A breach of the Form 18a General Tenancy Agreement could be a breach of a standard term or a special term. If you use the REIQ Realworks version of the Form 18a, it contains legally-drafted special terms. A common scenario in which a standard and special term could apply is when you conduct a routine inspection and determine the tenant is not keeping the property clean and the lawn and garden beds are overgrown. Item 4 of the Form 11 would reference the following for this type of situation:
For cleaning – Standard Term 26 would apply: Tenant Obligations – s 188 (2) and (3);1) The tenant must keep the premises clean, having regard to their condition at the start of the tenancy. For the yard – the Form 11, part 4 would reference, Special Term 47 (1) (d);During the tenancy, the tenant must maintain the lawns and gardens at the premises having regard to their condition at the commencement of the tenancy, including mowing the lawns, weeding the gardens and watering the lawns and gardens (subject to council water restrictions).
- If there is more than one breach, you can issue a Form 11 for each breach by clearly identifying in Item 4 the standard or special term and section of the RTRA Act the tenant has breached and then clearly state what is required for the tenant to remedy the breach. Alternatively, you could reference an Annexure in Part 4 and detail each separate breach and requirements to remedy each breach.
- You must allow the tenant seven clear days to remedy the breach. Due to the Acts Interpretation Act, the first day of the calculation of the notice period and the date the breach needs to be remedied by should fall on a business day. The breach must be remedied by midnight on the date stated, and the next action such as an RTA Form 12 Notice to Leave cannot be taken until the next business day.
- You can only enter a premises to check if a breach has been remedied if the breach is significant, or by mutual agreement with the tenant. A ‘significant’ breach means a breach relating to the following;
(a) using the premises for an illegal purpose;
(b) the number of occupants allowed to reside in the premises;
(c) keeping a pet on the premises; and
(d) another matter, if the reasonable cost of rectifying the matter exceeds 1 week’s rent for the premises.
Entry can occur within 14 days after the end of the allowed remedy period by providing 24 hours’ notice on the Form 9 entry notice.
Have more questions on this topic or another? REIQ members can seek advice from the Property Management Support Service by phone or email. Not a member? Become one today.