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VIC: Residential Tenancies Act Section 208 Breach of duty notice

Breach of duty notice (1) A person to whom a duty is owed under a duty provision or that person's agent, may give a breach of duty notice to a person in breach of that duty. (2) A notice under subsection (1) must—

(a) specify the breach; and

(b) give details of the loss or damage, if any, caused by the breach; and

(c) require the person, within the required time after receiving the notice— (i) to remedy the breach if possible; and (ii) to compensate the person to whom the duty is owed, if the breach has resulted in loss or damage to that person; and

(d) state that the person in breach must not commit a similar breach again; and

(e) state that if the notice is not complied with— (i) an application for compensation or a compliance order may be made to the Tribunal; or (ii) if section 91ZF or 207U (as the case requires) applies, a notice of intention to vacate may be given; or (iii) if section 91ZP, 142ZH, 206AX or 207ZB (as the case requires) applies, a notice to vacate may be given; and (f) be in writing; and Note Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.

(g) be addressed to the person allegedly in breach of the duty or his or her agent; and

(h) be signed by the person to whom the duty is owed or by that person's agent.


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