---
title: "Notice to remedy breach of lease before re-entry (Conveyancing Act 1919 (NSW) s 129 notice)"
url: "https://ailawframework.com/precedents/commercial-property-and-leasing/notice-to-remedy-breach-s129"
type: "precedent"
site: "AI Law Framework"
id: "a10-notice-to-remedy-breach-s129"
area_id: "A10"
kind: "notice"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/commercial-property-and-leasing/notice-to-remedy-breach-s129  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Commercial Property & Leasing](https://ailawframework.com/precedents/commercial-property-and-leasing.md)
- Jurisdictions: New South Wales, Victoria
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for New South Wales and Victoria.

## 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.

## Authorities

- [Conveyancing Act 1919 (NSW) s 129(1) (notice required before re-entry or forfeiture)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1919-006#sec.129)
- [Conveyancing Act 1919 (NSW) s 129(6)(a), (8) (leases of one year or less excluded; non-payment of rent not affected)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1919-006#sec.129)
- [Conveyancing Act 1919 (NSW) s 129(9) and Sch 6 (form of notice or to similar effect)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1919-006#sch.6)
- [Conveyancing Act 1919 (NSW) s 170 (service of notices)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1919-006#sec.170)
- [Property Law Act 1958 (Vic) s 146 (Victorian equivalent; minimum 14 days where fixed by lease; non-payment of rent not affected)](https://www.legislation.vic.gov.au/in-force/acts/property-law-act-1958)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-property-and-leasing/notice-to-remedy-breach-s129 and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*