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General Breach

General Breach

Property Management
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Purpose

This procedure contains the instructions for handling a general tenancy breach.

Procedure

The Tenant breach is reported to the Agency, often from:

    • Neighbour/s
    • Owners’ Corporation (Body Corporate)
    • Landlord Client
    • Periodic Inspection
    • Police
  • Request the information is put in writing addressed to the Agency.
  • Record details of the communication.
  • Diarise follow up date if required.

Tenant Advised/Rectification Sought

  • The Tenant is advised of the (alleged) breach immediately.
  • The Tenant is given reasonable time frame to rectify the situation (depending on the severity of the breach).
  • Diarise follow up date.

Note:        If serious, Breach/Notice may be given immediately (legislation permitting).

Landlord Client/Relevant Parties Advised

  • Advise the Landlord Client of the Tenant’s (alleged) breach and details of action/s requested to rectify.
  • Where appropriate, seek the Landlord Client’s approval (i.e. Pets)
  • Advise the Tenant of the Landlord Client’s response.
  • Advise the person reporting the Tenant’s (alleged) breach the details of action/s requested to rectify

Breach Rectified – Follow Up/Confirm.

  • Confirm the Breach has been rectified by the date requested in above step.
  • Contact the Tenant and/or the person/s who reported the Breach.
  • An inspection of the property may be required.
  • Advise the Landlord Client the current status of the Breach.
  • If the Tenant has vacated, advise the Landlord Client as per the Property Hand Over – Tenant to Agent Procedure.

Breach NOT Rectified – Landlord’s Instructions Sought

  • The Landlord Client is advised and instructions are sought.
  • If there has been no response from the Landlord Client within 48 hours, the Landlord Client is followed up a second time.
  • Where the Landlord Client does not respond, seek the Department Manager’s instructions. Consider:
    • Will the property be damaged
    • Will the Breach cost the Landlord Client money, if it is left unattended

Always act in the Landlord Client’s best interest

  • Where the Landlord Client instructs the issue of a Termination Notice, serve the Notice, and follow the Breach – Termination of a Tenancy Agreement Procedure.
  • Where the Landlord Client instructs that no further action be taken, written confirmation of the instructions is sent to the Landlord Client and any other parties involved.

NB: There are no general Breach Procedures as such. The process is to go online to www.vcat.vic.gov.au and log on

Then the Property Manager follows the procedures listed depending upon which breach it might be for by selecting from the Summary of notices possible.