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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 358
Tenant remaining in possession
358 Tenant remaining in possession
(1) If a tenant fails to hand over vacant possession of premises after a
termination order is made by a tribunal, the lessor is entitled to receive
from the tenant— (a) compensation for any loss or expense incurred by the
lessor by the failure; and
(b) an occupation fee equal to the amount of rent
that would have been payable by the tenant for the premises for the period the
tenant remains in possession after termination of the agreement.
(2) If an
application is made to a tribunal under this section by the lessor, the
tribunal may make an order requiring the tenant to pay to the lessor the
following amounts— (a) the amount it considers the lessor is entitled to
receive for compensation;
(b) the amount it considers the lessor is entitled
to receive for the occupation fee.
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