New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 89
Repayment of rent and charges owing following issue of non-payment termination notice
(1) This section applies if a landlord gives a tenant a
non-payment termination notice.
(2) The Tribunal must not make a
termination order on the ground set out in the notice if the tenant pays all
the rent, water usage charges or charges for the supply of electricity, gas or
"utility charges" ) owing or enters into, and fully complies with, a repayment
plan agreed with the landlord.
(3) A termination of the
residential tenancy agreement solely on the ground of non-payment of rent,
water usage charges or utility charges, and any warrant for possession issued
as a result of any order for possession, cease to have effect if the tenant
pays all the rent, water usage charges or utility charges owing or enters
into, and fully complies with, a repayment plan agreed with the landlord and
the tenant has not vacated the residential premises.
(4) If a tenant repays
all the rent, water usage charges or utility charges owing or enters into, and
fully complies with, a repayment plan agreed with the landlord, the landlord
(a) the Tribunal, if the landlord has applied to the Tribunal
for a termination order on the ground of non-payment of rent,
water usage charges or utility charges and the application has not been
finally dealt with, or
(b) the Sheriff, if a termination order has been made
and a warrant for possession of the residential premises has been issued but
has not been enforced by the Sheriff.
: Maximum penalty--20 penalty units.
(5) The Tribunal may, on application by a landlord, make a termination order
despite subsection (2) or (3) if it is satisfied that the tenant has
frequently failed to pay either or both of the following amounts owing to the
landlord for the residential premises--
(a) rent, on or before the day set out
in the residential tenancy agreement,
(b) water usage charges in accordance
with section 39.
(5A) The Tribunal may make a termination order under
subsection (5) on the grounds set out in subsection (5)(b) only if the
landlord has, on each relevant occasion, requested payment from the tenant
within 3 months of the issue of the bill for those charges by the water supply
(6) If the Tribunal makes a termination order as referred to in
subsection (5), a warrant for possession may be issued as a result of that
order, even if the tenant has paid all rent, water usage charges or
utility charges owing or complied with a repayment plan.
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