115Abandonment

115 Abandonment (1) If the tenant abandons the premises, the lease terminates on abandonment. (2) If the tenant abandons the premises before the end of the lease, the lessor may apply to the Magistrates Court for— (a) an order declaring the lessor’s right to enter the premises to recover possession of them; and (b) compensation for any damage caused to the lessor because of the abandonment, including the reasonable costs of advertising the premises for lease and of giving a right to occupy the premises to someone else. (3) In working out the amount of compensation that may be awarded under this section in relation to costs, the Magistrates Court must have regard to— (a) when, apart from the abandonment, the lease would have ended; and (b) whether the lessor would have incurred the costs at the end of the lease. (4) The lessor is not entitled to be compensated under this section for a loss that could reasonably have been avoided by the lessor. (5) This section does not limit any right of the lessor to enter abandoned premises without a declaration under subsection (2) (a). Example of when lessor may enter abandoned premises without declaration. as a reasonable response to an emergency situation Termination by tenant Division 12.4