Residential Tenancies Act 2010 No 42
Current version for 4 July 2014 to date (accessed 20 December 2014 at 07:15)
Part 5Division 3

Division 3 Termination by tenant

96   End of fixed term agreement

(1)  A tenant may, at any time before the end of the fixed term of a fixed term agreement, give a termination notice for the agreement that is to take effect on or after the end of the fixed term.
(2)  The termination notice must specify a termination date that is on or after the end of the fixed term and is not earlier than 14 days after the day on which the notice is given.

97   Termination of periodic agreement by tenant

(1)  A tenant may, at any time, give a termination notice for a periodic agreement.
(2)  The termination notice must specify a termination date that is not earlier than 21 days after the day on which the notice is given.

98   Breach of agreement—termination notice by tenant

(1)  A tenant may give a termination notice on the ground that the landlord has breached the residential tenancy agreement.
(2)  The termination notice must specify a termination date that is not earlier than 14 days after the day on which the notice is given.
(3)  The termination notice may specify a termination date that is before the end of the fixed term of the residential tenancy agreement if it is a fixed term agreement.
(4)  The Tribunal may, on application by a landlord made before the termination date and within the period prescribed by the regulations, revoke a termination notice by a tenant if satisfied that the landlord has remedied the breach and that it is appropriate, in the circumstances of the case, to continue the tenancy.
Note. The tenant may apply directly to the Tribunal on the ground of breach by the landlord for a termination order without first giving notice (see section 103).

99   Rent increases during long-term fixed term leases—termination notice by tenant

(1)  This section applies to a fixed term agreement for a fixed term of 2 years or more.
(2)  A tenant may give a termination notice on the ground that the rent has been increased.
(3)  The termination notice must specify a termination date that is not earlier than 21 days after the day on which the notice is given and must be given before the rent increase takes effect.
(4)  The termination notice may specify a termination date that is before the end of the fixed term.
(5)  The tenant is not liable to pay any compensation or other additional amount for the early termination of the agreement.

100   Early termination without compensation to landlord

(1)  A tenant may give a termination notice for a fixed term agreement on any of the following grounds:
(a)  that the tenant has been offered, and accepted, accommodation in social housing premises,
(b)  that the tenant has accepted a place in an aged care facility or requires care in such a facility,
(c)  that the landlord has notified the tenant of the landlord’s intention to sell the residential premises, unless the landlord disclosed the proposed sale of the premises before entering into the residential tenancy agreement as required by section 26,
(d)  that a co-tenant or occupant or former co-tenant or occupant is prohibited by a final apprehended violence order from having access to the residential premises.
(2)  The termination notice must specify a termination date that is not earlier than 14 days after the day on which the notice is given.
(3)  The termination notice may specify a termination date that is before the end of the fixed term of the residential tenancy agreement.
(4)  The tenant is not liable to pay any compensation or other additional amount for the early termination of the agreement.

101   Termination by co-tenant of own tenancy

(1)  A co-tenant may give a termination notice to the landlord and each other co-tenant if the fixed term of the residential tenancy agreement has ended or the agreement is a periodic agreement.
(2)  The termination notice must specify a termination date that is not earlier than 21 days after the day on which the notice is given.
(3)  A co-tenant ceases to be a tenant under the residential tenancy agreement on the termination date if the co-tenant gives a termination notice in accordance with this section and vacates the residential premises.
(4)  The Tribunal may, on application by a co-tenant, make a termination order for the residential tenancy agreement if it is satisfied that a termination notice was given by another co-tenant in accordance with this section.

102   Termination of agreement or co-tenancies by Tribunal

(1)  The Tribunal may, on application by a co-tenant, make any of the following orders:
(a)  an order terminating the tenancy of the co-tenant or another co-tenant under the residential tenancy agreement from a date specified in the order,
(b)  an order terminating the residential tenancy agreement,
(c)  any necessary ancillary orders relating to the residential tenancy agreement or liabilities under that agreement.
(2)  The Tribunal may make an order under this section if it is of the opinion that it is appropriate to do so in the special circumstances of the case.
(3)  If the Tribunal terminates the tenancy of one or more, but not all, of the co-tenants under the residential tenancy agreement, the Tribunal must, in the order terminating the tenancy, specify the day on which the tenants whose tenancies are terminated must vacate the residential premises.
(3A)  Such an order is taken to be an order for possession of the residential premises in favour of the remaining tenant or co-tenants.
Note. Section 121 provides that a warrant for possession may be issued on the application of a person in whose favour an order for possession is made.
(4)  The Tribunal may order a co-tenant under a residential tenancy agreement that is terminated under this section before the end of the fixed term of a fixed term agreement to pay an amount, not exceeding the applicable break fee for the tenancy specified in section 107.
(5)  The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
(6)  The Tribunal must give the landlord notice of an application under this section. The landlord has a right to be heard in the proceedings.
(7)  An application may be made under this section whether or not a termination notice has been given under section 101.

103   Breach of agreement—termination by Tribunal

(1)  The Tribunal may, on application by a tenant, make a termination order if it is satisfied that:
(a)  the landlord has breached the residential tenancy agreement, and
(b)  the breach is, in the circumstances of the case, sufficient to justify termination of the agreement.
(2)  In considering the circumstances of the case, the Tribunal may consider (but is not limited to considering) the following:
(a)  the nature of the breach,
(b)  any previous breaches,
(c)  any steps taken by the landlord to remedy the breach,
(d)  any steps taken by the tenant about the breach,
(e)  the previous history of the tenancy.
(3)  The Tribunal may refuse to make a termination order if it is satisfied that the landlord has remedied the breach.
(4)  A tenant may make an application under this section without giving the landlord a termination notice.
(5)  The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.

104   Hardship to tenant—fixed term agreements

(1)  The Tribunal may, on application by a tenant, make a termination order for a fixed term agreement if it is satisfied that the tenant would, in the special circumstances of the case, suffer undue hardship if the residential tenancy agreement were not terminated.
(2)  The Tribunal may, if it thinks fit, also order the tenant to pay compensation to the landlord for the landlord’s loss of the tenancy. The amount of compensation must not exceed the amount specified as the applicable break fee for the tenancy under section 107.
(3)  The landlord must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been reasonably avoided by the landlord.
(4)  A tenant may make an application under this section without giving the landlord a termination notice.
(5)  The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.

105   Termination by Tribunal on landlord’s application after termination notice given by tenant

The Tribunal may, on application by a landlord, make a termination order if it is satisfied that:
(a)  a termination notice was given by a tenant in accordance with this Division, and
(b)  the tenant did not revoke the termination notice before the termination date, and
(c)  the tenant has not vacated the residential premises as required by the notice.
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