use IRAC method to solve

As they are studying at Victoria University, Peter and his best friend Tom take out a 12-month lease on a flat in nearby Footscray. The landlord, John Smith, says to them that a term of the lease agreement is for them to pay the rent on the first day of every month. Another term is to ensure the rubbish bins are put out on the street every Thursday night as they are emptied by the Council at 6 am on Friday mornings. Peter and Tom always pay the rent on time but because they had an assignment due the next day, they forgot to take the rubbish bins out on the street one Thursday. John Smith wants to terminate the lease agreement for breaching a term of contract regarding the rubbish bins. Would he be successful?