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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 369
Notice to leave because of failure to remedy breach
369 Notice to leave because of failure to remedy breach
(1) A provider may give to a resident a notice requiring the resident to leave
the rental premises if— (a) the provider reasonably believes the resident
has breached the rooming accommodation agreement; and
(b) the provider has
given the resident a notice under section 368 requiring the resident to remedy
the breach by a stated due day; and
(c) the due day has passed; and
(d) the
provider reasonably believes that— (i) the breach has not been remedied; or
(ii) after the notice was given and before the due day, the resident repeated
the breach and has not remedied the repeated breach.
(2) The notice must—
(a) be in the approved form; and
(b) state why the resident is being required
to leave the premises; and
(c) state the day by which the resident must leave
the premises; and
(d) be signed by the provider.
(3) If the breach is
nonpayment of rent and, at the time the rent was due, the resident had been a
resident of the rental premises for less than 28 days, the resident may be
required to leave immediately.
(4) Otherwise, the day by which the resident
is required to leave the premises must not be less than— (a) if the breach
is nonpayment of rent—4 days after the notice is given; or
(b)
otherwise—2 days after the notice is given.
(5) The provider may withdraw
the notice at any time before the resident leaves.
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