The "Dad & Dave" case* is a good reminder
for Landlords not to beat about the bush when giving notices to
defaulting Tenants!
Many Landlords want to disqualify a Tenant from exercising an
option to renew a Lease by relying on, and protesting about, an
ongoing breach of the Lease by the Tenant. Section 133E of the
Conveyancing Act 1919, prescribes the content for a formal written
notice that a Landlord needs to serve on a Tenant in such
circumstances. What is more, it specifies that such a notice needs
to be served on a Tenant purporting to exercise an option to renew
a lease during the 14 day period following the purported exercise
of that option for renewal by the Tenant.
As a Landlord, you need to be aware of this short time frame for
response and to promptly instruct your lawyer if you need to serve
a Section 133E Notice on a Tenant.
