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ARTICLE · 14 MAY 2009

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If a landlord wishes to re-enter and re-take possession of the premises (and thereby bring the lease to end) following a breach by the tenant, Section 129(1) of the Conveyancing Act 1919 generally requires notice to be given.

AustraliaReal Estate and Construction
Mary Digiglio
Mary Digiglio
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Default, notice and remedies

In the case of a breach of a lease by a tenant, it is important to consider:

(a) the type of breach;

(b) the remedies available to the landlord; and

(c) the procedures to follow.

Notice before right of re-entry

If a landlord wishes to re-enter and re-take possession of the premises (and thereby bring the lease to end) following a breach by the tenant, Section 129(1) of the Conveyancing Act 1919 generally requires notice to be given. Such notice must allow a reasonable time for the tenant to rectify the breach before the rights of the landlord for re-entry (and termination) may be exercised.

Failure to pay rent (exception to notice requirement)

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