What to do if a tenant has breached the lease

So your tenant has breached the Lease and you want to know what to do next?

Under what circumstances has your tenant breached the Lease?

• Have they breached a fundamental obligation under the lease;
• Are they behind in rent (i.e more than 14 days in arrears); or
• Failure to comply with notice served by the landlord for a breach under the Lease.

Repudiated the Lease

If the tenant has breached a fundamental obligation under the lease, then this may be deemed repudiation by the courts.  A fundamental obligation under a lease may include:

• Abandonment of the premises;
• Abandonment of premises including a failure to pay rent and other covenant breaches;
• Gross breaches of covenant for quiet enjoyment.