New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 102

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.