Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
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.