A Late Rent Notice — formally known in Australian residential tenancy law as a Breach Notice or Notice to Remedy Breach — is a written notice issued by a landlord to a tenant when rent has not been paid by the due date or has fallen into arrears. The notice formally documents the breach, states the total amount of rent outstanding, and gives the tenant a prescribed number of days to pay the arrears before further action is taken. Issuing a properly drafted breach notice for non-payment of rent is an important step in the formal process and is often a prerequisite to issuing a termination notice or making an application to a state tribunal. In New South Wales, the Residential Tenancies Act 2010 sets out the procedure for dealing with a tenant in rent arrears. Under that Act, a landlord may issue a termination notice for non-payment of rent if the tenant is at least 14 days behind in their rent. The notice must give the tenant at least 14 days to remedy the breach by paying the arrears. If the tenant pays all arrears within the notice period, the notice lapses and the tenancy continues. If the tenant fails to pay within the notice period, the landlord may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order terminating the tenancy. In Victoria, under the Residential Tenancies Act 1997, a similar process applies. A landlord may issue a notice to remedy a breach for non-payment of rent if the tenant is at least 14 days in arrears. The notice must give the tenant 14 days to pay all outstanding rent. If the breach is not remedied, the landlord may give a notice of intention to vacate (termination notice) and subsequently apply to the Victorian Civil and Administrative Tribunal (VCAT). In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 prescribes a different and shorter notice period for rent arrears. A landlord may issue a Notice to Remedy Breach when rent is at least seven days overdue. The tenant must be given at least seven days to remedy the breach by paying the arrears. If the breach is not remedied, the landlord may issue a Notice to Leave (termination notice) and apply to the Queensland Civil and Administrative Tribunal (QCAT). In Western Australia under the Residential Tenancies Act 1987, a landlord may serve a breach notice when rent is seven or more days overdue. The tenant is given a specified period to remedy the breach. In South Australia under the Residential Tenancies Act 1995, a landlord may issue a notice to remedy a breach for rent arrears of at least 14 days, with the tenant given 14 days to pay. A breach notice for non-payment of rent should clearly identify the parties and the premises, state the amount of rent overdue and the period for which it has been unpaid, specify the date of the last payment received, give a clear deadline by which all arrears must be paid, and set out the payment method. The notice should also warn the tenant that failure to remedy the breach within the stated period may result in a termination notice being issued and a tribunal application being made. Sending a Late Rent Notice at an early stage — even before the minimum statutory period has expired — serves as a clear record of the landlord's communication and can encourage prompt payment before the situation escalates to formal termination proceedings. It also demonstrates to a tribunal that the landlord acted reasonably and gave the tenant a clear opportunity to remedy the breach. This template is designed to assist landlords in preparing a clear, properly documented breach notice for non-payment of rent that complies with the general requirements of Australian residential tenancy legislation. It should be reviewed and adapted to reflect the specific requirements of the state or territory in which the property is located before being issued.
What Is a Late Rent Notice / Breach Notice (Australia)?
A Late Rent Notice — formally called a Breach Notice or Notice to Remedy Breach in Australian residential tenancy law — is a written notice issued by a landlord to a tenant when rent has not been paid by the due date or has accumulated to a level that constitutes a breach of the tenancy agreement. The notice formally identifies the breach, states the total amount of rent arrears outstanding, and demands that the tenant pay the outstanding amount within a prescribed number of days.
In Australian residential tenancy law, non-payment of rent is a specific ground of breach that gives a landlord the right to take formal action — but only after following a prescribed procedural process. In most states, this means the landlord cannot immediately seek to terminate the tenancy; they must first issue a breach notice and allow the tenant the specified remedy period before escalating to a termination notice or a tribunal application.
A Late Rent Notice serves two important functions. First, it puts the tenant on formal written notice that their failure to pay rent is a breach of the tenancy agreement and that action will be taken if the breach is not remedied promptly. Second, it creates a contemporaneous written record of the arrears and the landlord's response, which is important evidence if the matter later proceeds to a tribunal.
Even where Australian law does not strictly require a breach notice as a prerequisite to issuing a termination notice for rent arrears (the requirements differ by state), sending one is considered best practice. Tribunals look favourably on landlords who can demonstrate that they gave the tenant clear written notice and a reasonable opportunity to pay before escalating to termination proceedings.
When Do You Need a Late Rent Notice / Breach Notice (Australia)?
A landlord should issue a Late Rent Notice as soon as rent has been unpaid for a period that triggers the applicable notice threshold under the relevant Residential Tenancies Act. In New South Wales and Victoria, this is typically once rent is 14 days overdue. In Queensland and Western Australia, the threshold is seven days. Issuing the notice promptly at the earliest legally permitted point helps minimise the accumulation of further arrears and puts the tenant on notice of the seriousness of their default.
A Late Rent Notice is also appropriate in situations where a tenant has made a partial payment and the balance remains outstanding, where a direct debit or payment method has failed, or where a tenant has made multiple late payments that individually fall below the threshold for formal breach action but together constitute a pattern of non-compliance.
A breach notice for non-payment of rent is a prerequisite in most Australian states before a landlord can issue a termination notice or apply to a tribunal for an order to terminate the tenancy. If the landlord cannot produce evidence of a properly served breach notice that was not remedied within the required period, the tribunal may refuse to make a termination order and the landlord will need to restart the process.
What to Include in Your Late Rent Notice / Breach Notice (Australia)
A properly drafted Australian Late Rent Notice should contain the following key elements to ensure it is legally effective and creates a clear record.
The parties and premises section should identify the landlord and all tenants by full legal name, provide contact details for both parties, and describe the rental premises by full street address including suburb, state, and postcode.
The breach description section must clearly identify the nature of the breach — non-payment of rent — and provide sufficient detail for the tenant to understand the basis of the claim. This should include the amount of rent payable, the frequency of payment, the date from which rent has been unpaid, the date of the last payment received, the amount of the last payment, and the total arrears outstanding.
The remedy deadline section must state the date by which the tenant must pay all outstanding arrears. This date must be calculated from the date of service of the notice and must be at least the minimum period required by the applicable Residential Tenancies Act — seven days in Queensland, 14 days in New South Wales and Victoria.
The payment instructions section should clearly specify how and where the tenant should make payment of the arrears, including the preferred payment method such as bank transfer with BSB details, BPAY, or direct debit.
The consequences section should warn the tenant that failure to pay all arrears by the stated deadline may result in the landlord issuing a termination notice and applying to the relevant state tribunal — NCAT in NSW, VCAT in Victoria, QCAT in Queensland — for an order terminating the tenancy and requiring the tenant to vacate.
Frequently Asked Questions
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