NSWIn ForceAct
Residential Tenancies Act 2010
103Breach of agreement—termination by Tribunal
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#### 103 Breach of agreement—termination by Tribunal
103 Breach of agreement—termination by Tribunal
> > (1) The Tribunal may, on application by a tenant, make a termination order if it is satisfied that—
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> > > (a) the landlord has breached the residential tenancy agreement, and
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> > > (b) the breach is, in the circumstances of the case, sufficient to justify termination of the agreement.
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> > (2) In considering the circumstances of the case, the Tribunal may consider (but is not limited to considering) the following—
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> > > (a) the nature of the breach,
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> > > (b) any previous breaches,
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> > > (c) any steps taken by the landlord to remedy the breach,
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> > > (d) any steps taken by the tenant about the breach,
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> > > (e) the previous history of the tenancy.
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> > (3) The Tribunal may refuse to make a termination order if it is satisfied that the landlord has remedied the breach.
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> > (4) A tenant may make an application under this section without giving the landlord a termination notice.
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> > (5) The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.