Notice · Commercial Property & Leasing
Notice to remedy breach of lease before re-entry (Conveyancing Act 1919 (NSW) s 129 notice)
Landlord's notice under s 129 of the Conveyancing Act 1919 (NSW) specifying a breach of lease, requiring remedy within a stated time and claiming compensation, so that a right of re-entry can later be enforced.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- New South Wales, Victoria
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use for a breach of a non-rent covenant (repair, use, insurance, fit-out, unauthorised alterations) under a NSW lease of more than one year before re-entering or terminating. For non-payment of rent, follow the lease's default clause and the general law; s 129 does not govern rent.
How AI may be used
AI may draft the particulars of breach from the lease and the inspection records; the lawyer checks every element because a defective notice invalidates the later re-entry.
AI may
- Extract the relevant covenant, default clause, notice clause and service addresses from the lease and every variation.
- Draft particulars of breach from inspection reports and correspondence, with references.
- Prepare a service checklist and diary dates.
AI must not
- Must not decide whether a breach is capable of remedy or what a reasonable time is.
- Must not serve the notice or choose the service method.
- Must not combine rent arrears and non-rent breaches without lawyer review of the lease's default regime.
The lawyer checks
- The lease is more than one year and is not a Crown or excluded lease (s 129(6)).
- The breach is specified with enough particularity for the tenant to know what to fix.
- The time to remedy is reasonable for the work involved and complies with any period in the lease.
- The notice is served on every lessee (and any guarantor or mortgagee entitled to notice) by a permitted method.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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