New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 105D

105D Effect of giving domestic violence termination notice

(1) A tenant is not liable to pay any compensation or other additional amount for the early termination of a fixed term agreement under section 105B.

(2) A co-tenant ceases to be a tenant under the residential tenancy agreement on the termination date specified in a domestic violence termination notice if the co-tenant gives the domestic violence termination notice in accordance with this Division and vacates the residential premises.

(3) A co-tenant who is not a relevant domestic violence offender and who continues to occupy the residential premises after a domestic violence termination notice is given is not liable to pay more than the amount of rent calculated in accordance with subsection (4) for a period of 2 weeks commencing on the date on which the domestic violence termination notice was given.

(4) The amount of rent payable by each co-tenant under subsection (3) is equal to the rent that was payable under the residential tenancy agreement relating to the premises immediately before the domestic violence termination notice was given divided by the number of tenants under the residential tenancy agreement before the domestic violence termination notice was given.

(5) In any proceedings before the Tribunal in respect of the payment of rent under this section, the Tribunal may order the payment of an amount that differs from the amount calculated in accordance with subsection (4).