New South Wales Consolidated Acts

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RESIDENTIAL TENANCIES ACT 2010 - SECT 54A

Limit on liability of tenant for actions of other tenants occurring during domestic violence offences

54A Limit on liability of tenant for actions of other tenants occurring during domestic violence offences

(1) A tenant (the
"exempted tenant" ) is not responsible to the landlord for any act or omission by a co-tenant that is a breach of the residential tenancy agreement if--
(a) the act or omission--
(i) constitutes or resulted in damage to the residential premises, and
(ii) occurred during the commission of a domestic violence offence, and
(b) the exempted tenant is--
(i) the victim of the domestic violence offence, or
(ii) an exempted co-tenant.
(2) In this section--

"exempted co-tenant" means a person who--
(a) is a tenant under the same residential tenancy agreement as the tenant who is the victim of the domestic violence offence, and
(b) is not a relevant domestic violence offender (within the meaning of Division 3A of Part 5) nominated in a document referred to in section 105C(2) and annexed to a domestic violence termination notice (within the meaning of section 105A) for the residential tenancy agreement.
(3) This section is a term of every residential tenancy agreement.



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