63Abandonment during periodic agreement

63 Abandonment during periodic agreement If a tenant abandons premises of which the tenant has possession under a periodic agreement, the former lessor may claim from the former tenant compensation of an amount equivalent to 3 weeks rent. 64 Successor in title to lessor (1) A person other than a lessor who, apart from section 36, would be entitled to possession of premises, may terminate the residential tenancy agreement relating to the premises by— (a) notifying the tenant as soon as practicable after becoming so entitled that the person would be entitled to possession apart from section 36 and that the person who was lessor is no longer lessor; and (b) giving the tenant not less than 8 weeks notice to vacate the 1 The lessor dies and the premises are inherited by the lessor’s child. The child may terminate the tenancy. 2 The lessor mortgages the premises, defaults on the mortgage and the mortgagee forecloses. The mortgagee may terminate the tenancy. (2) A person cannot terminate a tenancy under subsection (1) if the person— (a) is a purchaser of the premises; and (b) knew about the tenancy, or could reasonably be expected to have known about the tenancy, before purchasing the premises. (3) If a person has given notices under subsection (1), the relevant residential tenancy agreement terminates at the end of the period of 8 weeks after the date of the notice mentioned in subsection (1) (b) or on the later date specified in the notice.

Miscellaneous Division 4.7 64AA Termination—affected residential premises (1) This section applies if premises that are the subject of a residential tenancy agreement are affected residential premises. (2) A party to the residential tenancy agreement may, by written notice to the other party, terminate the agreement. (3) If the tenant terminates the agreement, the tenant must— (b) give the lessor at least 2 days notice. (4) If the lessor terminates the agreement, the lessor must— (a) state the date the lessor intends to terminate the agreement; and (b) give the tenant at least 1 week’s notice. (5) If the tenant vacates the premises on or before the date stated in the (6) However— (a) if the tenant gives notice and does not vacate the premises on or before the date stated in the notice— (i) the notice is taken to be withdrawn; and (ii) the agreement continues; or (b) if the lessor gives notice and the tenant does not vacate the premises on or before the date stated in the notice— (i) the notice remains in force; and (ii) the lessor may apply to the ACAT under section 55A for a termination and possession order in relation to the

(7) The break lease fee clause does not apply if a fixed term agreement is 64AB Termination—eligible impacted property (1) This section applies if premises that are the subject of a residential tenancy agreement are an eligible impacted property. (2) A party to the residential tenancy agreement may, by written notice to the other party, terminate the agreement. (3) The party terminating the agreement must— (a) state the date the party intends to terminate the agreement; and (b) give the other party at least 28 working days notice. (5) However— (a) if the tenant gives notice and does not vacate the premises on or before the date stated in the notice— (i) the notice is taken to be withdrawn; and (ii) the agreement continues; or (b) if the lessor gives notice and the tenant does not vacate the premises on or before the date stated in the notice— (i) the notice remains in force; and (ii) the lessor may apply to the ACAT under section 55B for a termination and possession order in relation to the