What is a rental breach?


If there’s one thing that all parties hope to avoid in any rental agreement, it’s a breach. But unfortunately, they can and do occur.

So, let’s look at what exactly constitutes a breach, how they’re handled and how they can be avoided.

What is a breach?

Basically, a breach is when one party in the rental agreement fails to comply with that agreement’s conditions.

And when we use the word ‘party’, it could be the property manager/owner or the rental occupier.

It comes back to the rental agreement

When any rental agreement commences, all parties are required to sign a document which sets out specific conditions, such as how the property will be used, who will live there, how repairs and maintenance issues will be handled, and how much rent is required to be paid each week.

This agreement also references the applicable rental law for that state, which includes things like how much notice has to be given before a routine inspection, how often inspections can occur, and more.

These conditions are designed to protect the property, its owner, and the rental occupier.

In the case of the owner, it ensures the rent will be paid on time, the property will not be damaged and that it will be looked after.

In the case of the renter, the conditions ensure they have a right to peace and privacy and that they will be given sufficient notice if someone is to visit to inspect, repair or maintain the property.

If these conditions aren’t adhered to, it’s considered a breach, and a notice can be issued to have that issue remedied or resolved.

When a breach notice might be issued

There are a couple of common reasons you might see a breach notice issued during a rental agreement.

In the case of the renter, they might be issued a breach notice if:

  • They are late paying the rent or fail to pay the rent within a set period
  • If the property is damaged, or not cared for properly
  • If there is a pet residing at the property without permission

In the case of the property manager/owner, they might be issued notice if:

  • Something at the property hasn’t been fixed within a set period
  • If the property is not properly maintained
  • If a service that is listed in the rental agreement isn’t provided
  • If sufficient notice isn’t provided prior to entry to the property

In each of these instances, the affected party can issue a breach notice to the other party in a bid to have the problem resolved.

How can a breach be avoided

It’s easy to avoid any breach in a rental agreement simply by knowing what’s expected of you under the conditions of the rental agreement.

And often, this isn’t just about the law, it comes back to common sense and respect for all parties involved in the rental process.

How we can help

Our experienced property managers pride themselves on establishing great relationships with both rental occupiers and owners.

We manage every property as if it were our own and you can learn more about our property management services here.

Alternatively, if you are looking to rent a property, you can view the properties we currently have available here.