sec.357AReletting costs

### sec.357A Reletting costs A residential tenancy agreement may include a term requiring the tenant to pay the costs incurred by the lessor in reletting the premises if— the agreement is for a fixed term; and the tenant is made liable under the term only if the tenant ends the agreement other than in a way permitted under this Act; and the tenant’s liability under the term is limited to the reletting costs under this section. A term of a residential tenancy agreement requiring the tenant pay the costs incurred by the lessor in reletting the premises— is void if the term does not comply with subsection (1) ; and does not apply if after experiencing domestic violence, the tenant ended the agreement or the tenant’s interest in the agreement under part 1 , division 3 , subdivision 2A . The reletting costs payable by the tenant under this section in relation to a fixed term agreement are— for a fixed term of not more than 3 years, the lesser of— the amount of the reletting costs mentioned in subsection (4) ; or an amount equal to the rent payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet; or for a fixed term of more than 3 years, the lesser of— an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or an amount equal to the rent that would be payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet. For subsection (3) (a) (i) , the amount of the reletting costs is— if less than 25% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 4 weeks rent; or if 25% or more but less than 50% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 3 weeks rent; or if 50% or more but less than 75% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 2 weeks rent; or if 75% or more of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 1 week’s rent. s 357A ins 2021 No. 19 s 24 amd 2024 No. 27 s 72 (sec.357A-ssec.1) A residential tenancy agreement may include a term requiring the tenant to pay the costs incurred by the lessor in reletting the premises if— the agreement is for a fixed term; and the tenant is made liable under the term only if the tenant ends the agreement other than in a way permitted under this Act; and the tenant’s liability under the term is limited to the reletting costs under this section. (sec.357A-ssec.2) A term of a residential tenancy agreement requiring the tenant pay the costs incurred by the lessor in reletting the premises— is void if the term does not comply with subsection (1) ; and does not apply if after experiencing domestic violence, the tenant ended the agreement or the tenant’s interest in the agreement under part 1 , division 3 , subdivision 2A . (sec.357A-ssec.3) The reletting costs payable by the tenant under this section in relation to a fixed term agreement are— for a fixed term of not more than 3 years, the lesser of— the amount of the reletting costs mentioned in subsection (4) ; or an amount equal to the rent payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet; or for a fixed term of more than 3 years, the lesser of— an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or an amount equal to the rent that would be payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet. (sec.357A-ssec.4) For subsection (3) (a) (i) , the amount of the reletting costs is— if less than 25% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 4 weeks rent; or if 25% or more but less than 50% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 3 weeks rent; or if 50% or more but less than 75% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 2 weeks rent; or if 75% or more of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 1 week’s rent. - (a) the agreement is for a fixed term; and - (b) the tenant is made liable under the term only if the tenant ends the agreement other than in a way permitted under this Act; and - (c) the tenant’s liability under the term is limited to the reletting costs under this section. - (a) is void if the term does not comply with subsection (1) ; and - (b) does not apply if after experiencing domestic violence, the tenant ended the agreement or the tenant’s interest in the agreement under part 1 , division 3 , subdivision 2A . - (a) for a fixed term of not more than 3 years, the lesser of— (i) the amount of the reletting costs mentioned in subsection (4) ; or (ii) an amount equal to the rent payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet; or - (i) the amount of the reletting costs mentioned in subsection (4) ; or - (ii) an amount equal to the rent payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet; or - (b) for a fixed term of more than 3 years, the lesser of— (i) an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or (ii) an amount equal to the rent that would be payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet. - (i) an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or - (ii) an amount equal to the rent that would be payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet. - (i) the amount of the reletting costs mentioned in subsection (4) ; or - (ii) an amount equal to the rent payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet; or - (i) an amount equal to 1 month’s rent for each 12-month period remaining of the term of the agreement, up to a maximum amount equal to 6 months rent; or - (ii) an amount equal to the rent that would be payable for the period between the tenant handing over vacant possession of the premises and the day a new agreement commences after the premises are relet. - (a) if less than 25% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 4 weeks rent; or - (b) if 25% or more but less than 50% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 3 weeks rent; or - (c) if 50% or more but less than 75% of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 2 weeks rent; or - (d) if 75% or more of the fixed term had expired when the tenant handed over vacant possession of the premises—the amount equal to 1 week’s rent.