New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 102
Termination of agreement or co-tenancies by Tribunal
102 Termination of agreement or co-tenancies by Tribunal
(1) The Tribunal may, on application by a co-tenant, make any of the following
(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
(b) an order terminating the residential tenancy agreement,
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
(7) An application may be made under this section whether or not
a termination notice has been given under section 101.
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