Tenants and landlords both have a responsibility to meet the terms of their rental agreement under their respective state or territory Tenancies Act.

If one party does not meet their duties as specified in the Act, the other may serve them with a breach of duty notice, which is a formal warning to the party who is not meeting their obligations.

A breach of duty notice must:

• Set out what the breach of duty is
• Detail the loss or damage as a result of the breach
• State that the breach must be fixed or compensation paid
• State that a similar breach must not be committed
• Advise that if there is no compliance with the notice, an application may be made to the appropriate tribunal for a compliance or compensation order
• Advise that if the breach occurs for a third time, a notice of intention to vacate or a notice to vacate may be given.

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