NSWIn ForceAct
Residential Tenancies Act 2010
87CBreach of tenancy agreement
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#### 87C Breach of tenancy agreement
87C Breach of tenancy agreement
> > (1) A landlord may give a termination notice on the ground the tenant has breached the residential tenancy agreement.
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> > (2) The termination date must be at least 14 days after the termination notice is given.
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> > Note—
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> > The termination date may be before the end of the fixed term for a fixed term tenancy agreement.
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> > (3) The Tribunal may, on application by the landlord, make a termination order in relation to a termination notice given under this section if the Tribunal is satisfied—
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> > > (a) the tenant has breached the residential tenancy agreement, and
> >
> > > (b) the breach is, in the circumstances of the case, sufficient to justify termination of the agreement, and
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> > > (c) the termination notice was given in accordance with this section, and
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> > > (d) the tenant has not vacated the premises as required by the notice.
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> > (4) In considering the circumstances of the case, the Tribunal may consider the following—
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> > > (a) the nature of the breach,
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> > > (b) previous breaches,
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> > > (c) steps taken by the tenant to remedy the breach,
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> > > (d) steps taken by the landlord about the breach,
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> > > (e) the previous history of the tenancy,
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> > > (f) another matter the Tribunal considers relevant.
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> > (5) The Tribunal may refuse to make a termination order if it is satisfied that the tenant has remedied the breach.
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> > (6) Section 89(2) and 89A do not apply to a termination notice given under this section.
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> Note—
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> Section 154E sets out additional matters to be considered if the residential tenancy agreement is a social housing tenancy agreement.
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> **s 87C:** Ins 2024 No 75, Sch 1\[12\].