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A property manager receives a complaint that a tenant is operating a commercial dog grooming business from a residential property in breach of the lease. The local council confirms this violates zoning laws. What is the most legally sound approach?

Correct Answer

A) Issue a breach notice requiring the commercial activity to stop within the notice period.

A breach notice (notice to remedy) is the right first step: it tells the tenant what the breach is and gives them the period set by the state's law to stop the activity. Remedy periods differ between states (Queensland, for example, sets a minimum of 7 days), so the answer does not depend on one number. If the tenant does not comply, the landlord can then seek termination.

Answer Options
A
Issue a breach notice requiring the commercial activity to stop within the notice period.
B
Apply to the tribunal for an urgent possession order, because the business is an unlawful use of the premises.
C
Negotiate a lease variation that permits the business to keep operating.
D
Report the tenant to police for commercial fraud against the landlord.

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Related Topics & Key Terms

Key Terms:

breach noticeprocedural fairnesszoning violationscommercial activityresidential tenancy
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