A lease agreement breach is no laughing matter, but Seeff is here to provide guidance for concerned tenants who receive a breach notice.
In a perfect world, every rental experience would unfold seamlessly without curveballs like missed rent payments, accidental property damage, or even keeping a pet without your landlord's explicit consent. But alas, that is not the case in real life.
Property professionals from Seeff Property Group emphasise the critical nature of understanding and respecting the breach clauses in your lease agreement. This isn't just legalese; it's about honouring your commitments and understanding that a slip-up could lead to severe repercussions.
What You Need to Know About a Lease Agreement Breach
When you sign on the dotted line of a lease agreement, it will contain a specifically designated 'breach section.' This is a crucial part of the contract that spells out what happens if either party falls short of their commitments — be it failing to carry them out or performing them past the deadline. Ensure you don’t gloss over this section, but thoroughly understand it and, if necessary, discuss it with your Property Practitioner.
Here’s what tenants should know about a lease agreement breach:
- Notice to Remedy: Should a breach occur, a landlord will issue a written notice stating a defined time frame for resolving the issue. The lease usually outlines this period, but if it isn't, the Consumer Protection Act stipulates it should be 20 working days.
- Details in the Notice: The notice should clearly outline the specifics of the breach, such as unpaid rent or needed repairs, along with deadlines for resolution. Upon receiving this notice, the tenant should promptly contact the landlord to discuss next steps.
- Consequences of Non-Compliance: The notice should also highlight the ramifications if you, as the tenant, fail to remedy the breach.
- Dispute a Breach: If you disagree with the stated breach, you must voice your dispute in writing and provide evidence, such as bank statements showing that the rent was paid but not yet credited.
- Communication is Key: If immediate resolution isn't feasible, open dialogue should be initiated to negotiate an appropriate course of action. The landlord's flexibility will likely depend on the severity of the breach and the tenant's track record.
- The Importance of Good Relations: Maintaining a positive relationship with your landlord can be instrumental, especially if you're negotiating leeway in remedying a breach. Consistent rent payment and property maintenance go a long way.
- Escalation and Eviction: Failing to address the breach within the designated time frame or make suitable arrangements grants the landlord the authority to escalate matters, including initiating an eviction process.
- Tenant-Issued Breach Notices: It's not a one-way street; tenants also have the right to issue breach notices if the landlord neglects their responsibilities, like vital repairs or unauthorised entry into the premises.
In light of the intricate dynamics surrounding rental agreements, Seeff recommends that tenants secure rentals through accredited Property Practitioners unless there is a well-established and trusting relationship with the property owner. The guidance of a property professional can prove invaluable in ensuring that all parties understand their rights, responsibilities, and the steps for resolving any issues that may arise.
Contact us if you have questions about lease agreement breaches.
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