Notice for breach of duty to landlord of rented premises

Residential Tenancies Act 1997 (the Act), S208(1) & (2)

RT 31 (10/17)

consumer.vic.gov.au/renting Page 1 of 6
Note: Enter text in spaces remedy the breach or the Telephone Interpreter
provided only. This form will amount of compensation Service
be invalid if you remove or you require if they do not If you have difficulty
change any questions or remedy it. The amount of understanding English,
other text. compensation you seek contact the Translating and
Use this form for giving should reflect the amount or Interpreting Service (TIS) on
notice to landlord/agent of value of the loss or damage 131 450 (for the cost of a
breach of duty because: that you have described at local call) and ask to be put
11. through to an Information
 the premises are not
suitable for occupation 7. Attachments Officer at Consumer Affairs
Victoria on
 you have not been For some reasons you must
1300 55 81 81.
allowed quiet enjoyment provide evidence or
of the premises receipts. If you are providing
 the premises have not them, attach them to the
been maintained in good notice and tick the ‘yes’ box
repair in 14.
 a replacement water 8. When the form is
appliance does not meet complete
the prescribed minimum
rating Send a copy of the form to
 locks have not been the landlord. For more
provided information, see ‘How to
serve this notice’ on page 2.
 keys have not been
provided. Keep copies of the form for
your records. If the landlord
How to use this form does not comply, you can
1. Identify your reason send one of these copies to
Carefully read the reasons the Victorian Civil and
on the back of this page. Administrative Tribunal
These are all the breaches (VCAT) with an application
of duty specified in the Act to hear your case.
under which a duty arises
and for which you can give
a breach of duty notice.
Select the correct reason.
The number beside each
reason is the relevant
section of the Act. You
should consult S207 and
S208(1) of the Act to make
sure that you are entitled to
give a notice.
2. Complete questions
1 to 7
You must complete all
boxes.
3. Sign at 8 and write
your name at 9
4. Write your reason
in 10
In box 10, write the section
number and the exact
words given to you on the
back of this page.
5. Complete 11
Give details of the loss or
damage caused by the
breach
6. Write what you Information about renting is
require in 12 available in 24 languages at
consumer.vic.gov.au/langua
Write exactly what you want ges.
the landlord/agent to do to

Page 2 of 6
Notice for breach of duty to landlord of rented premises
Reasons to use in question 10
65–not suitable for occupation 69–replacement water appliance not to standard
The premises were not vacant. You have provided a replacement water appliance that does not
and/or meet the prescribed minimum rating.

The premises were not in a reasonably clean condition on the Please note – the prescribed minimum rating is three stars
agreed day of occupation. under the Water Efficiency Labelling and Standards (WELS)
scheme, except in certain limited circumstances.
67–not allowed quiet enjoyment
70(1)–not provided locks
You have not taken all reasonable steps to ensure that I have
quiet enjoyment of the premises. You have not provided locks to secure all external doors and
windows of the premises.
68–not in good repair
70(2)–not provided key(s)
You have not maintained the premises in good repair.
You have changed the lock on an external door or window and
have not provided me with a key.

How to serve this notice

You can serve this notice by hand, by post, or by email (with consent).
If you send this notice by post, you must take into account the extra days it takes for the notice to be delivered. Australia Post has
three different speeds for ordinary mail delivery – express, priority and regular mail, which may take up to six days. Priority and regular
delivery speeds also apply for registered post. You may wish to keep evidence of the mail delivery method you relied on to send this
notice.
For more information about Australia Post’s mail delivery options and times, visit the Australia Post website (auspost.com.au).
You can only send this notice by email if you already have the landlord’s written consent to receive notices and other documents this
way. The landlord may have given consent in the tenancy agreement or separately in writing. A consent form is available from the
Forms and publications section – Consumer Affairs Victoria website (consumer.vic.gov.au/forms).
If you send this notice by email, the provisions of the Electronic Transactions (Victoria) Act 2000 apply. For legal purposes,
the time when a notice is received is when it can be retrieved from the email address the recipient nominated.
To help calculate the total minimum days to allow, depending on the notice period required and the method of delivery,
visit the Giving notices – Residential Tenancies List page – Victorian Civil and Administrative Tribunal website
(vcat.vic.gov.au/resources/giving-notices-residential-tenancies-list).
If you need help with this notice, visit the Renting section – Consumer Affairs Victoria website (consumer.vic.gov.au/renting)
or call the Consumer Affairs Victoria Helpline on 1300 55 81 81.

Page 3 of 6
Notice for breach of duty to landlord of rented premises Landlord’s copy

Landlord details Reason for breach of duty notice

1. This notice is given to: (landlord/s names) 10. I believe you have breached your duty as a landlord
because: (write the section number and words from the
section ‘Reasons to use in question 10’)
2. Landlord’s address: (can be an agent’s)

Tenant details
3. Tenant name/s:

11. The loss or damage caused is:

4. Regarding the rented premises at: (write address)

5. Address for serving documents:

(if the same as in 4, write ‘as above’)

12. Compensation or compliance required

I require you to remedy the breach within 14 days after
receiving this notice by:

6. Contact telephone numbers:

Business hours:

After hours:
or pay me compensation of: ($)
Service details
7. This notice is given: (mark one method only and if posted 13. You must not commit a similar breach again.
note the delivery speed) If you do not comply with this notice:
by hand:  the tenant may apply to the Victorian Civil and Administrative
Tribunal (VCAT) for a compensation or compliance order, or
by registered post:  if S240 applies, the tenant may give you notice of intention to
vacate.
by ordinary post:
14. Details are attached to this notice
by email: (e.g. receipts, other evidence)
Insert email address: yes:
(if applicable)
no:
on (date): / /

8. Signature of tenant Landlord please note

If you need help with this notice, call the Consumer
Affairs Victoria Helpline on 1300 55 81 81 or visit
consumer.vic.gov.au/renting

9. Name of tenant signing this notice

Page 4 of 6
Notice for breach of duty to landlord of rented premises Tenant’s copy

Landlord details Reason for breach of duty notice

1. This notice is given to: (landlord/s names) 10. I believe you have breached your duty as a landlord
because: (write the section number and words from the
section ‘Reasons to use in question 10’)
2. Landlord’s address: (can be an agent’s)

Tenant details
3. Tenant name/s:

11. The loss or damage caused is:

4. Regarding the rented premises at: (write address)

5. Address for serving documents:

(if the same as in 4, write ‘as above’)

12. Compensation or compliance required

I require you to remedy the breach within 14 days after
receiving this notice by:

6. Contact telephone numbers:

Business hours:

After hours:
or pay me compensation of: ($)
Service details
7. This notice is given: (mark one method only and if posted 13. You must not commit a similar breach again.
note the delivery speed) If you do not comply with this notice:
by hand:  the tenant may apply to the Victorian Civil and Administrative
Tribunal (VCAT) for a compensation or compliance order, or
by registered post:  if S240 applies, the tenant may give you notice of intention to
vacate.
by ordinary post:
14. Details are attached to this notice
by email: (e.g. receipts, other evidence)
Insert email address: yes:
(if applicable)
no:
on (date): / /

8. Signature of tenant Landlord please note

If you need help with this notice, call the Consumer
Affairs Victoria Helpline on 1300 55 81 81 or visit
consumer.vic.gov.au/renting

9. Name of tenant signing this notice

Notice for breach of duty to landlord of rented premises Tenant’s copy

Landlord details Reason for breach of duty notice

1. This notice is given to: (landlord/s names) 10. I believe you have breached your duty as a landlord
because: (write the section number and words from the
section ‘Reasons to use in question 10’)
2. Landlord’s address: (can be an agent’s)

Tenant details
3. Tenant name/s:

11. The loss or damage caused is:

4. Regarding the rented premises at: (write address)

5. Address for serving documents:

(if the same as in 4, write ‘as above’)

12. Compensation or compliance required

I require you to remedy the breach within 14 days after
receiving this notice by:

6. Contact telephone numbers:

Business hours:

After hours:
or pay me compensation of: ($)
Service details
7. This notice is given: (mark one method only and if posted 13. You must not commit a similar breach again.
note the delivery speed) If you do not comply with this notice:
by hand:  the tenant may apply to the Victorian Civil and Administrative
Tribunal (VCAT) for a compensation or compliance order, or
by registered post:  if S240 applies, the tenant may give you notice of intention to
vacate.
by ordinary post:
14. Details are attached to this notice
by email: (e.g. receipts, other evidence)
Insert email address: yes:
(if applicable)
no:
on (date): / /

8. Signature of tenant Landlord please note

If you need help with this notice, call the Consumer
Affairs Victoria Helpline on 1300 55 81 81 or visit
consumer.vic.gov.au/renting

9. Name of tenant signing this notice