Late Rent Payment Notice

What is a late rent payment notice in Australia?

A late rent notice, also known as a breach notice for non-payment of rent, is an official notification from the landlord to the tenant informing them about the delay in rental payments. By this document, the landlord has an opportunity to notify the tenant about the total amount of debt, the amount of any applicable late fees or charges, as well as the final deadline to repay the debt.

This customisable late rent payment notice allows one to notify the delay in rent payment in a professional and compliant way under various types of residential and commercial lease agreements across all Australian states and territories.

When to use this breach notice for non-payment of rent template?

This professionally drafted non-payment rent notice template can be suitable for the following situations:

• for private property owners searching for a solid letter template to inform the tenant about the default;
• for property management companies looking for a standard template to manage various properties;
• for landlords willing to inform the tenants about the default in a professional and compliant manner.

This letter is used as a first step for informing the tenant about the delay in payment under the ongoing lease agreement. If you are looking for an official notice template to end the lease, another lease termination notice should be used instead.

What happens if rent remains unpaid?

Imagine if this non-payment of rent notice is sent, but your tenant continues to not pay the lease and ignores this notice. Most landlords would naturally come to the decision that the lease agreement should be terminated and the eviction notice for non-payment of rent should be sent. However, the process itself is not straightforward and largely depends on the type of lease agreement and state or territory where the leased property is located.

New South Wales

• Residential tenancy. The landlords cannot apply any late fees or charges against a tenant who is not paying the rent on time. This, however, does not include paying utilities and other consumption charges related to the normal usage of the property. After sending an eviction notice for non-payment of rent, the landlord shall wait for 14 days before the actual eviction date. If the tenant continues occupying the property, the landlord shall file a dispute with the NACT tribunal.
• Commercial lease. Application of late fees is completely allowed, on condition they are stipulated in the text of the original lease. Eviction is possible if the tenant is in default. In case of a dispute, the parties may proceed to the court.

Queensland

• Residential tenancy. Under the residential laws of Queensland, the tenant is given a 7-day “caravan” period during which the landlord has to resolve a dispute amicably. Sending a non-payment rent notice is not allowed during this period of time. After the expiration of this period, the tenant can either send a lease termination notice or a notice for non-payment of rent. If the tenant refuses to vacate the property afterwards, the dispute shall be brought to the QCAT tribunal.
• Commercial lease. After sending a late rent payment notice, the landlord should provide the tenant with a sufficient period of time to remedy the breach. This period can last between 14 and 60 days depending on the provisions of the original lease agreement. If no rectification takes place after the given remedy period, the landlord can proceed with the termination notice.

Victoria

• Residential tenancy. In case the tenant is in arrears for more than 14 days in rent payment, the landlord can send an eviction notice for non-payment of rent. Physical eviction is not possible. Therefore, the landlord would need to subsequently apply for a so-called ‘warrant of possession’ order from the VCAT tribunal for further eviction.
• Commercial lease. The rules for remedies and eviction should be provided directly in the original lease agreement. The landlord is obligated to strictly follow them to ensure the proper notification, rectification or eviction.

South Australia

• Residential tenancy. The late rent payment notice should provide the tenant with the right to remedy the breach. If there is no remedy, further eviction and termination of the lease are only possible through the SACAT tribunal.
• Commercial lease. The landlord should provide the tenant with a sufficient period of time to be able to remedy the breach. Eviction is not possible until the tenant is properly informed about the breach and fails to rectify it within the given period of time.

Tasmania

• Residential tenancy. After sending this notice of late rent payment, the landlord shall wait for at least 14 days for the tenant to remedy the breach. If there is no remedy, the landlord should apply to the TASCAT tribunal to end the lease and start the eviction process.
• Commercial lease. This notice can be sent any time by the landlord to inform them about the arrears in rent payments. Unlike in other Australian states and territories, the landlord shall apply for a separate court enforcement order to be able to evict the tenant from the leased property after the termination of the lease.

Australian Capital Territory

• Residential tenancy. If upon sending this non-payment rent notice the tenant continues to not pay the rent, the landlord can proceed with the termination of the lease. However, the eviction procedure should be performed only via the ACAT tribunal.
• Commercial lease. The landlord can send this late rent payment notice anytime to inform the tenant about the rent due. The landlord should follow the procedures provided by the original lease agreement for termination and eviction.

Norther Territory

• Residential tenancy. Any dispute regarding the non-payment of the rent shall be resolved via the NTCAT tribunal only. This letter can be sent with the sole purpose of mitigating the payment default in an amicable way.
• Commercial lease. The landlord can prepare and send this late rent notice Australia sample to notify the tenant about the due rent. Termination of the lease is possible via sending a separate notice of termination. However, to regain possession of the commercial property, the landlord shall apply for the separate warranty possession order.

How to customise a notice of late rent payment with FasterDraft?

To get a fully customisable notice, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – non-payment rent notice PDF or Word.
4. E-sign the document online.
5. Make a payment.

The letter is ready for immediate download immediately after the purchase.