We all have responsibilities when it comes to rental properties, do you know what you are responsible for? In Victoria the Residential Tenancies Act 1997 (the Act) is what the Breach of Rental Responsibilities falls under. The Act spells out what each party – tenants, residents, landlords and owners – are responsible for. If one of the parties does not meet their duties under the Act, the other parties may serve them with a ‘breach of duty notice.’ This is a formal warning to the party who is not meeting their obligations listed in the rental agreement.
If you feel that one of the parties has breached the agreement then the duty notice must:
- set out the breach of duty under the Act
- detail the loss or damage caused by the breach
- state that the breach must be fixed or compensation paid and that a similar breach must not be committed
- advise that if there is no compliance with the notice, an application may be made to the Victorian Civil and Administrative Tribunal (VCAT) for a compensation or compliance order
- advise that if the same breach occurs for a third time (and a valid Breach of Duty notice was given for that breach on the first two occasions), notice of intention to vacate or notice to vacate may be given.
If you have delivered the note and the issue is not fixed within the timeframe outlined in
the Act (varies depending on the problem involved) and an application is made to VCAT, then the tribunal will hear the matter and make their decision.
Consumer Affairs Victoria provides a breach of duty form for different tenanted dwellings, including caravan parks and rooming houses.
If you feel that you need of deliver a breach of duty form, here is a link to the Victoria Consumer Affairs website
Have you delivered a Breach of Duty notice? What was the issue and what was the result?