Division 1 Termination generally

53   Termination of residential tenancy agreements

A residential tenancy agreement terminates only in one or more of the following circumstances:

(a)  if the landlord or the tenant gives notice of termination under this Part and:

(i)  the tenant delivers up vacant possession of the residential premises on or after the day specified in the notice, or

(ii)  the Tribunal makes an order under section 64 (which relates to applications to the Tribunal by the landlord for termination) terminating the agreement,

(b)  if the Tribunal makes an order terminating the agreement,

(c)  if a person having superior title (for example, a head landlord) to that of the landlord becomes entitled to possession of the residential premises,

(d)  if a person succeeding to the title of the landlord (for example, a purchaser) becomes entitled to possession of the residential premises to the exclusion of the tenant,

(e)  if a mortgagee in respect of the residential premises becomes entitled to possession of the premises to the exclusion of the tenant,

(f)  if the tenant abandons the residential premises,

(g)  if the tenant delivers up vacant possession of the residential premises with the prior consent of the landlord, whether or not that consent is subsequently withdrawn,

(h)  by merger (that is, where the interests of the landlord and the tenant become vested in the one person),

(i)  by disclaimer (for example, on repudiation by the tenant accepted by the landlord).

54   Apportionment and recovery of rent on termination

The rent payable under a residential tenancy agreement accrues from day to day and on termination the appropriate amount is payable.

55   Breach or notice of termination not waived by acceptance of rent

A demand for, any proceedings for the recovery of, or acceptance of, rent payable under a residential tenancy agreement by a landlord:

(a)  does not operate as a waiver of:

(i)  any breach of the agreement, or

(ii)  any notice of termination on the ground of breach of the agreement given by the landlord, and

(b)  is not evidence of the creation of a new tenancy.