NSW Residential Tenancies Act 2010
Part 5 and 6: Domestic abuse terminations, abandonment and recovery of possession – NSW Residential Tenancies Act 2010

NSW Residential Tenancies Act 2010 s107: s 107 On abandonment: claim only the break fee for fixed terms up to 3 years, otherwise mitigate loss

Where a tenant abandons premises under a fixed term of 3 years or less, the landlord's compensation is limited to the break fee (4, 3, 2 or 1 weeks' rent where less than 25, 50, 75 or 100 per cent of the term has passed), less money the tenant paid on leaving; for other agreements it takes all reasonable steps to reduce its loss and cannot recover loss it could have avoided. It takes possession of abandoned premises only where no occupants remain (s 106).

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 2 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • s173-357A s 173 and s 357A No penalty terms, and reletting costs only within the statutory limits
  • s362 s 362 Mitigate loss after abandonment or breach

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 5 and 6: Domestic abuse terminations, abandonment and recovery of possession – NSW Residential Tenancies Act 2010

Query this from an agent

The graph holds this control, the 2 it maps to, and the evidence behind each claim, over MCP and REST.