New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 120

120 Repossession of residential premises--offences

(1) A person must not enter residential premises for the purposes of taking possession of those premises before or after the end of a residential tenancy agreement unless--

(a) the person is acting in accordance with a warrant arising out of an order for possession of the Tribunal or a writ or warrant arising out of a judgment or order of a court, or

(b) the tenant has abandoned the premises or given vacant possession of the premises.

: Maximum penalty--200 penalty units.

Note : Under section 106 a landlord may apply to the Tribunal for an order declaring that a tenant has abandoned the residential premises.

(2) A court that finds an offence under this section proven may, in addition to any other penalty it may impose, order that compensation be paid to the person against whom the offence was committed by the person who committed the offence or on whose behalf the offence was committed.

(3) This section applies to a person who enters residential premises on his or her own behalf or on behalf of another person.