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Written Demand For Payment Of Past Due Rent for Australia

Written Demand For Payment Of Past Due Rent Template for Australia

A formal written notice used in Australian jurisdictions to demand payment of overdue rent from a tenant. This document serves as an official communication that outlines the specific amount of rent in arrears, payment details, and deadline for payment. It must comply with relevant state-specific residential tenancy laws and federal regulations regarding debt collection practices. The document typically precedes any legal action and serves as important evidence in potential tribunal or court proceedings. It includes detailed information about the rental property, specific amounts owed, payment history, and consequences of non-payment.

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Written Demand For Payment Of Past Due Rent

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What is a Written Demand For Payment Of Past Due Rent?

A Written Demand For Payment Of Past Due Rent is a crucial document in Australian property management that serves as a formal notification and demand for payment when tenants fall behind on their rent obligations. This document is typically used after informal attempts to collect rent have failed but before initiating legal proceedings. It must comply with state-specific residential tenancy laws and federal debt collection guidelines. The document should be used when rent is overdue by a material period (usually specified in the lease agreement or state legislation) and should include specific details about the rental property, amount in arrears, payment history, and clear payment instructions. It's particularly important that the document maintains a professional tone while clearly conveying the serious nature of the situation and potential consequences of non-payment. The jurisdiction-specific nature of the document means it must align with the relevant state or territory's residential tenancy laws while also complying with federal consumer protection legislation.

What sections should be included in a Written Demand For Payment Of Past Due Rent?

1. Sender Details: Full legal name and contact details of the landlord/property manager, including registered address

2. Recipient Details: Full name and address of the tenant(s)

3. Property Details: Complete address of the rental property and reference to the relevant lease agreement

4. Date: Current date and any relevant reference numbers

5. Subject Line: Clear indication that this is a formal demand for payment of past due rent

6. Rent Arrears Details: Specific amount owed, itemized breakdown of the debt, and period covered

7. Payment History: Brief summary of previous payments missed and any prior communications

8. Legal Basis: Reference to relevant lease terms and legislation regarding rent payment obligations

9. Payment Demand: Clear statement of amount required and payment deadline

10. Payment Instructions: Detailed information about how and where to make the payment

11. Consequences of Non-Payment: Clear statement of potential legal actions if payment is not received

12. Signature Block: Formal closing, name, and signature of the authorized person

What sections are optional to include in a Written Demand For Payment Of Past Due Rent?

1. Previous Communications Reference: Include when there have been prior attempts to collect the rent

2. Payment Plan Option: Include when willing to accept payment in installments

3. Dispute Resolution Process: Include when required by state legislation or when offering mediation options

4. Covid-19 Considerations: Include if relevant to the timing of the arrears or if special provisions apply

5. Agent Authorization: Include when the demand is being sent by a property manager or legal representative

What schedules should be included in a Written Demand For Payment Of Past Due Rent?

1. Rent Ledger: Detailed statement showing rent payment history and current arrears

2. Copy of Lease Agreement: Relevant sections of the lease agreement regarding rent payment obligations

3. Payment History Statement: Detailed breakdown of missed payments and partial payments if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Demand Letter

Sector

Cost

Free to use
Relevant legal definitions




















Clauses


















Relevant Industries

Real Estate

Property Management

Legal Services

Residential Housing

Commercial Property

Retail Property

Industrial Property

Student Accommodation

Social Housing

Relevant Teams

Legal

Property Management

Real Estate

Operations

Collections

Compliance

Administration

Risk Management

Customer Service

Document Control

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Asset Manager

Property Owner

Legal Counsel

Tenancy Manager

Collections Officer

Housing Officer

Compliance Manager

Real Estate Director

Property Management Coordinator

Rental Administrator

Legal Administrator

Property Services Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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