New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 107

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 for a fixed term of not more than 3 years.

(3) The compensation payable by a tenant under this section in respect of a fixed term agreement for a fixed term of not more than 3 years is the amount of the applicable break fee for the tenancy calculated under subsection (4).

(4) The
"break fee" for a fixed term agreement for a fixed term of not more than 3 years is--

(a) if less than 25% of the fixed term had expired when the premises were abandoned--an amount equal to 4 weeks rent, or

(b) if 25% or more but less than 50% of the fixed term had expired when the premises were abandoned--an amount equal to 3 weeks rent, or

(c) if 50% or more but less than 75% of the fixed term had expired when the premises were abandoned--an amount equal to 2 weeks rent, or

(d) if 75% or more of the fixed term had expired when the premises were abandoned--an amount equal to 1 week's rent.

(5) The amount of any money paid to a landlord by a tenant 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.