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Residential Tenancies Act 1999
96ATenant's failure to pay rent
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96A Tenant's failure to pay rent
(1) This section applies if a tenant breaches a term of a tenancy
agreement by failing to pay rent and the rent has been in arrears for
not less than 14 days.
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(2) The landlord may give the tenant a notice, signed by the landlord,
(b) the tenant is in breach of the tenancy agreement by failing to
pay rent in accordance with the agreement and the rent is in
arrears;
(c) the amount of rent payable by the tenant in order to remedy
the breach and any prescribed information relevant to that
amount;
(d) the tenant is required to remedy the breach before the date
specified in the notice (which must be more than 7 days after
the notice is given);
(e) if the tenant does not remedy the breach as required, the
landlord intends to apply to the Tribunal for an order for
termination of the tenancy and possession of the premises.
(3) The notice has effect even if the landlord has not previously made a
formal demand for payment of the rent.
(4) If any of the following occurs after the landlord becomes aware of
the tenant's breach or has given the tenant the notice, the
occurrence does not operate as a waiver of the breach or notice:
(a) a demand by the landlord for payment of rent;
(b) an application by the landlord to the Tribunal for recovery of
rent;
(c) an acceptance by the landlord of a payment of rent.
(5) If the tenant does not remedy the breach as required by the notice,
the landlord may apply under section 100A for an order for
termination of the tenancy and possession of the premises.
(6) The landlord must make the application no later than 14 days after
(7) For subsection (2)(c), the Regulations may prescribe information
that must be given in the notice, including information about any of
the following:
(a) the method of calculation of rent arrears;
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(b) the method of calculation of the amount of rent payable in
order to remedy the breach;
(c) the date on which rent was last paid;
(d) the date on which rent will next be payable after the breach is
remedied.