NSWIn ForceAct
Residential Tenancies Act 2010
106Abandoned premises
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#### 106 Abandoned premises
106 Abandoned premises
> > (1) The Tribunal may, on application by a landlord, make an order declaring that the tenant abandoned the residential premises on a specified day.
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> > (2) The tenant is taken to have abandoned the residential premises on the specified day.
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> > (3) The landlord may take immediate possession of residential premises that have been abandoned by the tenant if there are no remaining occupants.
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> > Note.
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> > The residential tenancy agreement is terminated if a tenant abandons the residential premises (see section 81(4)(d)).
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> > (4) In determining whether a tenant has abandoned the residential premises the Tribunal may consider (but is not limited to considering) the following—
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> > > (a) the failure by the tenant to pay rent under the residential tenancy agreement,
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> > > (b) any evidence that the tenant no longer resides at the premises,
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> > > (c) any failure by the tenant to carry out any obligations relating to the residential premises under the residential tenancy agreement.