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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 17 December 2017 at 15:07)
Part 5
Part 5 Termination of residential tenancy agreements
Division 1 Termination of residential tenancy agreements generally
80   Definitions
In this Part:
non-payment termination notice—see section 88.
termination date means the day specified in a termination notice as the day on which the residential tenancy agreement is terminated and by which vacant possession of the residential premises is to be given.
termination notice means a notice terminating a residential tenancy agreement.
termination order means an order terminating a residential tenancy agreement together with an order for possession of the residential premises.
81   Circumstances of termination of residential tenancies
(1) Termination only as set out in Act A residential tenancy agreement terminates only in the circumstances set out in this Act.
(2) Termination by notice and vacant possession A residential tenancy agreement terminates if a landlord or tenant gives a termination notice in accordance with this Act and the tenant gives vacant possession of the residential premises.
(3) Termination by order of Tribunal A residential tenancy agreement terminates if the Tribunal makes an order terminating the agreement under this Act.
(4) Other legal reasons for termination A residential tenancy agreement terminates if any of the following occurs:
(a)  a person having superior title (such as a head landlord) to that of the landlord becomes entitled to possession of the residential premises,
(b)  a mortgagee of the residential premises becomes entitled to possession of the premises to the exclusion of the tenant,
(c)  a person who succeeds to the title of the landlord becomes entitled to possession of the residential premises to the exclusion of the tenant,
(d)  the tenant abandons the residential premises,
(e)  the tenant gives up possession of the residential premises with the landlord’s consent, whether or not that consent is subsequently withdrawn,
(f)  the interests of the landlord and tenant become vested in the one person (merger),
(g)  disclaimer occurs (such as when the tenant’s repudiation of the tenancy is accepted by the landlord).
82   Termination notices
(1)  A termination notice must set out the following matters:
(a)  the residential premises concerned,
(b)  the day on which the residential tenancy agreement is terminated and by which vacant possession of the premises is to be given,
(c)  if the notice is not given under section 84, 85, 96 or 97, the ground for the notice,
(d)  any other matters prescribed by the regulations.
(2)  A termination notice must be in writing and be signed by the party giving the notice or the party’s agent.
(3)  A termination notice for a periodic agreement may specify a day other than the last day of a period for the payment of rent as the termination date.
83   Termination orders
(1)  If the Tribunal makes an order terminating a residential tenancy agreement under this Act, it must also make an order for possession of the residential premises specifying the day on which the order takes or took effect.
(2)  An application to the Tribunal by a landlord for a termination order:
(a)  must be made after the termination date specified in the relevant termination notice and within the period prescribed by the regulations, and
(b)  must be made only if vacant possession of the premises is not given as required by the notice.
Division 2 Termination by landlord
84   End of residential tenancy agreement at end of fixed term tenancy
(1)  A landlord 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 not earlier than 30 days after the day on which the notice is given.
(3)  The Tribunal must, on application by a landlord, make a termination order if it is satisfied that a termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
(4)  This section does not apply to a residential tenancy agreement if the tenant has been in continual possession of the same residential premises for a period of 20 years or more and the fixed term of the original fixed term agreement has ended.
85   Termination of periodic agreement
(1)  A landlord 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 90 days after the day on which the notice is given.
(3)  The Tribunal must, on application by a landlord, make a termination order if it is satisfied that a termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
(4)  This section does not apply to a residential tenancy agreement if the tenant has been in continual possession of the same residential premises for a period of 20 years or more.
86   Sale of premises
(1)  A landlord may give a termination notice on the ground that the landlord has entered into a contract for the sale of the residential premises under which the landlord is required to give vacant possession of the premises.
(2)  The termination notice must specify a termination date that is not earlier than 30 days after the day on which the notice is given.
(3)  The landlord must not give a termination notice under this section that specifies a termination date that is before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
(4)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that:
(a)  the landlord has entered into a contract for the sale of the residential premises that is proceeding under which the landlord is required to give vacant possession of the premises, and
(b)  a termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
87   Breach of agreement
(1)  A landlord may give a termination notice on the ground that the tenant 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, make a termination order if it is satisfied that:
(a)  the tenant has breached the residential tenancy agreement, and
(b)  the breach is, in the circumstances of the case, sufficient to justify termination of the agreement, and
(c)  the termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
(5)  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 tenant to remedy the breach,
(d)  any steps taken by the landlord about the breach,
(e)  the previous history of the tenancy.
(6)  The Tribunal may refuse to make a termination order if it is satisfied that the tenant has remedied the breach.
Note.
 Section 154E sets out additional matters to be considered if the residential tenancy agreement is a social housing tenancy agreement.
88   Termination notices for non-payment of rent
(1)  A termination notice given by a landlord on the ground of a breach of the residential tenancy agreement solely arising from failure to pay rent (a non-payment termination notice) has no effect unless the rent has remained unpaid in breach of the agreement for not less than 14 days before the notice is given.
(2)  A non-payment termination notice is not ineffective merely because of any failure of the landlord or the landlord’s agent to make a prior formal demand for payment of the rent.
(3)  A non-payment termination notice must inform the tenant that the tenant is not required to vacate the residential premises if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord, unless the Tribunal makes a termination order on the basis that the tenant has frequently failed to pay rent on time.
(4)  Despite any other provision of this Part, a landlord may apply to the Tribunal for a termination order before the termination date specified in a non-payment termination notice. The Tribunal must not consider any such application until after the termination date.
89   Repayment of rent owing following issue of non-payment termination notice
(1)  This section applies if a landlord gives a tenant a non-payment termination notice.
(2)  The Tribunal must not make a termination order on the ground set out in the notice if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord.
(3)  A termination of the residential tenancy agreement solely on the ground of non-payment of rent, and any warrant for possession issued as a result of any order for possession, cease to have effect if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord and the tenant has not vacated the residential premises.
(4)  If a tenant repays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord, the landlord must notify:
(a)  the Tribunal, if the landlord has applied to the Tribunal for a termination order on the ground of non-payment of rent and the application has not been finally dealt with, or
(b)  the Sheriff, if a termination order has been made and a warrant for possession of the residential premises has been issued but has not been enforced by the Sheriff.
Maximum penalty: 20 penalty units.
(5)  The Tribunal may, on application by a landlord, make a termination order despite subsection (2) or (3) if it is satisfied that the tenant has frequently failed to pay rent owing for the residential premises on or before the day set out in the residential tenancy agreement.
(6)  If the Tribunal makes a termination order as referred to in subsection (5), a warrant for possession may be issued as a result of that order, even if the tenant has paid all rent owing or complied with a repayment plan.
90   Serious damage or injury by tenant or other occupant
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has intentionally or recklessly caused or permitted:
(a)  serious damage to the residential premises or any neighbouring property (including any property available for use by the tenant in common with others), or
(b)  injury to the landlord, the landlord’s agent, an employee or contractor of the landlord or the landlord’s agent, or an occupier or person on neighbouring property or premises used in common with the tenant.
(2)  The termination order may specify that the order for possession takes effect immediately.
(3)  A landlord may make an application under this section without giving the tenant a termination notice.
(4)  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.
(5)  In this section:
neighbouring property means:
(a)  property adjoining or adjacent to the residential premises, or
(b)  property owned by the landlord in the general locality of the residential premises.
91   Use of premises for illegal purposes
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has intentionally or recklessly caused or permitted:
(a)  the use of the residential premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for the purposes of the manufacture, sale, cultivation or supply of any prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or
(b)  the use of the residential premises for any other unlawful purpose and that the use is sufficient to justify the termination.
(2)  In considering whether to make a termination order on the ground specified in subsection (1) (b), the Tribunal may consider (but is not limited to considering) the following:
(a)  the nature of the unlawful use,
(b)  any previous unlawful uses,
(c)  the previous history of the tenancy.
(3)  The termination order may specify that the order for possession takes effect immediately.
(4)  A landlord may make an application under this section without giving the tenant 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.
92   Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has:
(a)  seriously or persistently threatened or abused the landlord, the landlord’s agent or any employee or contractor of the landlord or landlord’s agent, or caused or permitted any such threats, abuse or conduct, or
(b)  intentionally engaged, or intentionally caused or permitted another person to engage, in conduct in relation to any such person that would be reasonably likely to cause the person to be intimidated or harassed (whether or not any abusive language or threat has been directed towards the person).
(2)  The termination order may specify that the order for possession takes effect immediately.
(3)  A landlord may make an application under this section without giving the tenant a termination notice.
(4)  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.
93   Hardship to landlord
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the landlord 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 landlord to pay compensation to the tenant for the tenant’s loss of the tenancy.
(3)  The tenant 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 tenant.
(4)  A landlord may make an application under this section without giving the tenant 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.
94   Termination of long term tenancies
(1)  The Tribunal may, on application by a landlord, make a termination order for a residential tenancy agreement:
(a)  if the tenant has been in continual possession of the same residential premises for a period of 20 years or more, and
(b)  if the tenant occupied the premises under a fixed term agreement, the fixed term of the original agreement has expired, and
(c)  if the Tribunal is satisfied that it is appropriate to do so in the circumstances of the case.
(2)  A landlord may make an application under this section without giving the tenant a termination notice.
(3)  The Tribunal must not make a termination order under this section that specifies a termination date that is before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
(4)  The Tribunal, in determining the day on which vacant possession of the residential premises is to be given to the landlord, must not order that vacant possession be given earlier than 90 days after the order is made.
95   Occupants remaining in residential premises
(1)  This section applies if the tenant under a residential tenancy agreement who occupied or partly occupied the residential premises with another occupant no longer resides in the residential premises and the residential tenancy agreement has been terminated.
(2)  The landlord may give any remaining occupant of the residential premises a notice requiring the occupant to give vacant possession of the premises within a period of not less than 14 days.
(3)  The Tribunal may, on application by a landlord, make an order for possession of the residential premises specifying the day on which the order for possession takes effect if it is satisfied that:
(a)  notice was given in accordance with this section, and
(b)  the occupant has not vacated the premises, and
(c)  the tenant no longer resides in the premises.
(4)  The Tribunal is not to make an order for possession of the residential premises if the tenant is prohibited by an apprehended violence order from having access to the residential premises while the occupant resides in the premises and the occupant has not had a reasonable opportunity to obtain a final apprehended violence order and to apply to the Tribunal for an order under section 79.
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.
Division 4 Abandonment of residential premises
106   Abandoned premises
(1)  The Tribunal may, on application by a landlord, make an order declaring that the tenant abandoned the residential premises on a specified day.
(2)  The tenant is taken to have abandoned the residential premises on the specified day.
(3)  The landlord may take immediate possession of residential premises that have been abandoned by the tenant if there are no remaining occupants.
Note.
 The residential tenancy agreement is terminated if a tenant abandons the residential premises (see section 81 (4) (d)).
(4)  In determining whether a tenant has abandoned the residential premises the Tribunal may consider (but is not limited to considering) the following:
(a)  the failure by the tenant to pay rent under the residential tenancy agreement,
(b)  any evidence that the tenant no longer resides at the premises,
(c)  any failure by the tenant to carry out any obligations relating to the residential premises under the residential tenancy agreement.
107   Landlord’s remedies on abandonment
(1)  The Tribunal may, on application by a landlord, order a tenant to pay compensation to the landlord for any loss (including loss of rent) caused by the abandonment of the residential premises by the tenant.
(2)  The landlord must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been avoided by taking those steps. This subsection does not apply in the case of a fixed term agreement that provides for the payment of a break fee.
(3)  The compensation payable by a tenant under this section in respect of a fixed term agreement is the amount of the applicable break fee for the tenancy, if the agreement provides for the payment of a break fee.
(4)  The break fee for a fixed term agreement for a fixed term of not more than 3 years is:
(a)  an amount equal to 6 weeks rent if less than half of the fixed term had expired when the premises were abandoned, or
(b)  an amount equal to 4 weeks rent in any other case.
(5)  The break fee for a fixed term agreement for a fixed term of more than 3 years is the amount set out in subsection (4) or, if an amount is specified in the agreement, the amount specified. An agreement must not specify a break fee exceeding the amount (if any) specified by the regulations.
(6)  The amount of any money paid by a tenant to a landlord on terminating a fixed term agreement before the end of the fixed term or before otherwise abandoning the premises (other than money previously due to the landlord under the residential tenancy agreement) is to be deducted from any amount payable to the landlord under this section.
(7)  This section does not prevent a landlord from obtaining an occupation fee under Division 2 of Part 6 for goods left on the residential premises.
Division 5 Termination by events
108   Death of tenant
(1)  On the death of the sole tenant under a residential tenancy agreement, either the landlord or the legal personal representative of the tenant may give a termination notice to the other person.
(2)  The termination notice may specify a termination date that is before the end of any fixed term of the residential tenancy agreement if it is a fixed term agreement.
(3)  The Tribunal may, on application by a landlord or the legal personal representative of the deceased tenant, make a termination order if it is satisfied that a termination notice was given in accordance with this section and that vacant possession of the residential premises has not been given as required by the notice.
(4)  The legal personal representative of a deceased tenant who is given a termination notice by the landlord may give vacant possession of the residential premises at any time before the termination date specified in the termination notice.
(5)  The estate of the deceased tenant is not liable to pay any rent for any period after the legal personal representative gives vacant possession of the residential premises and before the termination date.
109   Agreement frustrated—destruction of, or uninhabitable, premises
(1)  This section applies if residential premises under a residential tenancy agreement are, otherwise than as a result of a breach of an agreement, destroyed or become wholly or partly uninhabitable or cease to be lawfully usable as a residence or are appropriated or acquired by any authority by compulsory process.
(2)  The landlord or the tenant may give the other party a termination notice.
(3)  The termination notice may end the residential tenancy agreement on the date that the notice is given.
(4)  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.
(5)  The Tribunal may, on application by a landlord or tenant, make a termination order if it is satisfied that a termination notice was given in accordance with this section and that this section applies to the residential premises.
Division 6 Miscellaneous
110   Tenant may vacate at any time before termination date specified by landlord
(1)  A tenant who is given a termination notice by the landlord, or who gives a termination notice, may give vacant possession of the residential premises at any time before the termination date.
(2)  If a termination notice is given by a landlord, the tenant is not liable to pay any rent for any period after the tenant gives vacant possession of the residential premises and before the termination date.
(3)  Subsection (2) does not affect the liability of a tenant under a fixed term agreement to pay rent in respect of a period after the tenant gives vacant possession of the residential premises and before the end of the fixed term, if the termination notice is given by the landlord in accordance with section 84.
111   Disputes about termination
(1)  A landlord or tenant may apply to the Tribunal for an order in relation to a dispute about a termination notice.
(2)  The Tribunal may, on application by a landlord or tenant, declare that a termination notice was or was not given in accordance with this Part.
(3)  Subsection (2) does not limit any other order the Tribunal may make on an application under this section.
112   Withdrawal of termination notices
The party who gives a termination notice may, at any time, revoke the notice with the consent of all other parties to the residential tenancy agreement.
113   Defects in termination notices
The Tribunal may make a termination order for a residential tenancy agreement or any other order even though there is a defect in the relevant termination notice or the manner of service of the notice if:
(a)  it thinks it appropriate to do so in the circumstances of the case, and
(b)  it is satisfied that the person to whom the notice was given has not suffered any disadvantage because of the defect in the notice or service or that any disadvantage has been overcome by the order and any associated order.
114   Suspension of possession orders
(1)  The Tribunal may suspend the operation of an order for possession of residential premises for a specified period if it is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused to the landlord and tenant by the suspension.
(2)  The Tribunal may impose an obligation on a tenant to pay a specified occupation fee for the period for which the order for possession is suspended.
115   Retaliatory evictions
(1)  The Tribunal may, on application by a tenant or when considering an application for a termination order or in relation to a termination notice:
(a)  declare that a termination notice has no effect, or
(b)  refuse to make a termination order,
if it is satisfied that a termination notice given or application made by the landlord was a retaliatory notice or a retaliatory application.
(2)  The Tribunal may find that a termination notice is a retaliatory notice or that an application is a retaliatory application if it is satisfied that the landlord was wholly or partly motivated to give the notice or make the application for any of the following reasons:
(a)  the tenant had applied or proposed to apply to the Tribunal for an order,
(b)  the tenant had taken or proposed to take any other action to enforce a right of the tenant under the residential tenancy agreement, this Act or any other law,
(c)  an order of the Tribunal was in force in relation to the landlord and tenant.
(3)  A tenant may make an application to the Tribunal for a declaration under this section before the termination date and within the period prescribed by the regulations after the termination notice is given to the tenant.
116   Accrual 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.
117   Acceptance of rent after termination notice
(1)  A demand for, any proceedings for the recovery of, or acceptance of, rent payable under a residential tenancy agreement by a landlord does not operate as a waiver of any rights with respect to the breach of the agreement or any termination notice by the landlord on the ground of breach of the agreement.
(2)  Any such action by a landlord is not evidence of the creation of a new tenancy.
(3)  This section does not apply to a termination notice given solely on the ground of failure to pay rent.
118   Other notices
To avoid doubt, a landlord or tenant who gives a termination notice may:
(a)  if the notice is revoked, give a further notice on the same or a different ground, or
(b)  if the notice is not revoked, give a further notice on a different ground.