Giving notice to your landlord

Tradesman working on plans with power tools on bench

There are times when you need to communicate with your landlord or agent about issues to do with your tenancy or your premises.

A telephone call is quick and easy, but often you need to 'put it in writing' if you want to be able to demonstrate that you raised an issue. If you phone your landlord, make notes about the conversation and then follow up in writing.

Detail the issue

In your letter, also known as a notice, you should clearly identify and describe the issue or problem and indicate the financial impact it is having on your business.

Be clear about what actions you want the landlord to take to address the problem. Include a timeframe for resolving the issue.

Keep copies of all your correspondence with your landlord or agent. Make sure you follow up on issues if there is no action by the landlord or agent.

Serving the notice

Your lease includes the name and contact details of the landlord and their authorised representative. You should send any notices to the authorised representative.

Your lease may include a clause about how you may deliver, or 'serve', a notice on your landlord or agent, such as in person, by registered post, by fax or by email.

The Retail Leases Act 1994 also states how a notice may be served or given. It may be:

  • delivered personally, or
  • left at or sent by post to the last known residential or business address in or out of NSW of the person to be served, or
  • delivered to a document exchange used by the landlord or agent, or
  • served or given as described in your lease.

If you don’t serve a notice correctly, it may affect your rights should any issue escalate into a dispute.

Make sure that you tell the landlord or agent if your address, or the address of your authorised representative, changes so that you are sure to receive all important notices from them.