Residential Landlord’s will need
to think carefully about their Tenants and how much they should tolerate
breaches of Tenancy Agreements following the decision in Southport Realty Pty
Ltd Trading as Shores Realty -v- Rostas in QCAT recently.
A residential Tenant was
persistently late in paying their rent and the Landlord, through the Real
Estate Agent, had issued 8 Notices to Remedy the Breach. As the Real Estate
Agent had issued eight (8) Notices to Remedy the Breach without proceeding to
issue a Notice to Leave QCAT held:
“Shores Realty was signalling to
Mr. Rostas, perhaps unintentionally, that it was not serious about enforcing
the terms of the Tenancy Agreement”.
As a consequence the Tenant was
successful in opposing the termination of the Lease which was eventually
applied for by the Landlord.
Landlords should therefore think carefully
about how much they are prepared to tolerate breaches of Tenancy Agreements by
Tenants before deciding to proceed with action to terminate Tenancy Agreements.
