Div 15Miscellaneous

Division 15—Miscellaneous 77—Accelerated rent and liquidated damages (1) If a residential tenancy agreement provides that, upon breach by the tenant of a term about rent or other term of the agreement, the tenant is liable to pay— (a) all or any part of the rent remaining payable under the agreement; or (b) rent of an increased amount; or (c) an amount by way of penalty; or (d) an amount by way of liquidated damages, the provision is void. (2) If a residential tenancy agreement provides that, on early or punctual payment of rent, the rent will or may be decreased or the tenant will or may be granted or paid a rebate, refund or other benefit, the tenant is entitled to the reduction, rebate, refund or other benefit in any event. (3) If a residential tenancy agreement contains a provision to which this section applies, the landlord is guilty of an offence. 78—Duty of mitigation The rules of the law of contract about mitigation of loss or damage on breach of a contract apply to a breach of a residential tenancy agreement. 78A—Compensation for expenses (1) If, as a direct consequence of a tenant being at fault, a landlord reasonably incurs costs or expenses in connection with the residential tenancy agreement, the landlord is entitled to compensation for the costs or expenses. Examples of faults that may give rise to compensation for costs or expenses under this section: • the dishonouring of a cheque provided by the tenant; • the failure of a transaction for the transfer of funds from the tenant to the landlord; • the loss by the tenant of a record or document. (2) The Tribunal may, on application by the landlord, order the tenant to pay to the landlord compensation to which the landlord is entitled under this section.