New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 109

109 Agreement frustrated--destruction of, or uninhabitable, premises

(1) This section applies if residential premises under a residential tenancy agreement are, otherwise than as a result of a breach of an agreement, destroyed or become wholly or partly uninhabitable or cease to be lawfully usable as a residence or are appropriated or acquired by any authority by compulsory process.

(2) The landlord or the tenant may give the other party a termination notice.

(3) The termination notice may end the residential tenancy agreement on the date that the notice is given.

(4) The termination notice may specify a termination date that is before the end of the fixed term of the residential tenancy agreement if it is a fixed term agreement.

(5) The Tribunal may, on application by a landlord or tenant, make a termination order if it is satisfied that a termination notice was given in accordance with this section and that this section applies to the residential premises.