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.

Authorities

Read the full text

More in Commercial Property & Leasing

All precedents for Commercial Property & Leasing · Tasks and AI use in this area