If your Tenant has failed to pay rent or is in breach of some other essential term of the Lease, you may decide that terminating the Lease and searching for a new Tenant is the best way for you to limit your losses. It may be, for instance, that the tenant is impecunious.
Before you will be able to “change the locks” and re-enter your property, Section 124(1) of the Property Law Act provides that you must first serve on your Tenant a notice which states the breach complained of and what the Tenant has to do to remedy the breach.
It is in your best interests that any breach notice is issued correctly the first time. You must ensure that the breach notice is factually accurate and complies with the technical requirements imposed by law.
Providing a defective notice can be costly.
Firstly, a defective notice may give the Tenant the ability to have the notice set aside. This would force you to re-issue the notice thus delaying your efforts to terminate the Lease. This may allow the Tenant to continue to occupy the Premises while in breach until such time as the notice is re-issued correctly.
One of the problems with our modern legal and business system is that it is exploited by those who know how to exploit it. Yet, for others who genuinely need the protection, that these systems were designed to provide, the red tap and excessive cost, makes help impossible to obtain.We see this commonly in disputes relating to unpaid debts and money owed due to breach of contract. A person who owes money, may well know that it is often not worthwhile for a creditor to pursue payment. This is because the legal cost of chasing payment is too great. A debtor who believes that a creditor will not chase payment is unfortunately less likely to pay.
I have included some links at the end of this article that may assist anyone who is owed money.
Fortunately since December 2009 QCAT (Queensland Civil and Administrative Tribunal) has
Unless you have seen first hand, the way that legal proceedings can be built or destroyed, by a written note relating to a matter in issue, then you cannot appreciate how much lawyers and the court system love bits of paper. Written notes on bits of paper can literally determine the outcome of legal proceedings.
The absence of written notes can cause lawyers on both sides of an argument to work for days preparing affidavit material, each trying to recount, with limited success what was said. In many cases the factual debate is often won by the person with the best supporting paper.
"That contract's not worth the paper its written on". I understand that this is how people may feel, when they have taken the time to make a contract, yet a dispute arises anyway. Nevertheless this statement is rarely true, where a contract is properly drafted.
The point of a contract is to provide the parties to the contract, with a starting point, in case there is a disagreement. It is not the case that a White Knight will ride in, to put things right, when the terms of the contract are broken. If the agreement is properly drafted there will be a good number of matters on which it is more difficult to have an argument. Yet there will remain scope for an argument and it is up to you to enforce your rights. You will see below there are things that you can do to make a dispute less likely.