New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 106

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.

(2) The tenant is taken to have abandoned the residential premises on the specified day.

(3) The landlord may take immediate possession of residential premises that have been abandoned by the tenant if there are no remaining occupants.

Note : The residential tenancy agreement is terminated if a tenant abandons the residential premises (see section 81(4)(d)).

(4) In determining whether a tenant has abandoned the residential premises the Tribunal may consider (but is not limited to considering) the following--

(a) the failure by the tenant to pay rent under the residential tenancy agreement,

(b) any evidence that the tenant no longer resides at the premises,

(c) any failure by the tenant to carry out any obligations relating to the residential premises under the residential tenancy agreement.