NSWIn ForceAct
Residential Tenancies Act 2010
87Offence of entering into new agreement within exclusion period
Start here
Get a plain-English read of 87
Turn the raw legal text into a practical explanation grounded in Residential Tenancies Act 2010.
#### 87 Offence of entering into new agreement within exclusion period
87 Offence of entering into new agreement within exclusion period
> > (1) A landlord or landlord’s agent must not contravene a provision of this subdivision specifying that the landlord must not enter into a residential tenancy agreement for residential premises for a specified period (a tenancy exclusion period).
> >
> > Maximum penalty—
> >
> > > (a) for an individual—100 penalty units, or
> >
> > > (b) otherwise—650 penalty units.
>
> > (2) The landlord for residential premises must notify the landlord’s agent about a tenancy exclusion period applying to the premises if the landlord knows, or should reasonably know, the agent may lease the premises in contravention of the exclusion period.
> >
> > Maximum penalty—
> >
> > > (a) for an individual—100 penalty units, or
> >
> > > (b) otherwise—650 penalty units.
>
> > (3) The landlord is taken to have satisfied subsection (2) if the landlord notifies the landlord’s agent of—
> >
> > > (a) the date on which the residential tenancy agreement ended, and
> >
> > > (b) the ground for ending the residential tenancy agreement.
>
> > (4) A landlord’s agent does not commit an offence against this section if the agent did not know, and could not reasonably have found out, that the residential premises was subject to a tenancy exclusion period.
>
> > (5) A residential tenancy agreement for residential premises entered into during a tenancy exclusion period for the premises is not affected by the tenancy exclusion period.
>
> **s 87:** Am 2015 No 34, Sch 1 \[1\]. Subst 2024 No 75, Sch 1\[12\].