If a rental breach occurs.
Under the terms of a rental agreement, all parties have rights and responsibilities, and if they’re not honoured, it could mean there’s a breach of the agreement.
So, what constitutes a breach of agreement and what happens if one occurs?
What is a breach of agreement?
A breach of agreement occurs when either the rental occupier or the property manager/owner fails to meet their obligations under the legal document that is the rental agreement.
Although rental law can vary from state to state, in the instance of the rental occupier, it’s generally considered a breach of agreement if:
- You or your guests maliciously damage the property
- You fall behind on your rent
- The property is used for illegal activities
- The property is not kept clean and free of rubbish
- Someone moves into the residence without notifying the owner and property manager
- A pet is kept there without permission
- A neighbour’s peace privacy or comfort is disturbed
When it comes to the owner or property manager, it’s generally considered a breach of agreement if:
- The property is not properly maintained
- A repair isn’t made to something that is broken
- The services listed in the agreement aren’t provided
When a breach occurs
If there’s been a breach of the agreement, the rental occupier or property manager/owner can issue a notice to have that breach remedied.
If the problem is then fixed within a set timeframe, no further action needs to be taken.
But if the issue is not resolved or occurs multiple times, it could be grounds for making an application with the relevant body to end the rental agreement.
Avoiding a rental breach
Avoiding a rental breach is all about understanding the rights and responsibilities of each party under the rental agreement.
It’s also about clear communication that includes:
- Putting things in writing, such as repair requests, and entry notices.
- Notifying the property manager if you’re struggling to pay rent or find yourself in hardship
- Updating the property manager should someone else move into the home or the living situation changes
- Liaising regarding repairs which might take extra time to complete
- And more…
It’s all about relationships
No-one wants to find themselves in a situation where they receive a breach notice or are forced to issue one.
Instead, a rental agreement should be the foundation of a great working relationship between the owner and rental occupier which is facilitated by a proactive property manager.
The reality is, breaches can and should be avoided courtesy of a professional property manager who knows the rights and responsibilities of all parties in the rental agreement and works as the middleman in the interests of all involved.
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.