New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 89

89 Repayment of rent and charges owing following issue of non-payment termination notice

(1) This section applies if a landlord gives a tenant a non-payment termination notice.

(2) The Tribunal must not make a termination order on the ground set out in the notice if the tenant pays all the rent, water usage charges or charges for the supply of electricity, gas or oil (
"utility charges" ) owing or enters into, and fully complies with, a repayment plan agreed with the landlord.

(3) A termination of the residential tenancy agreement solely on the ground of non-payment of rent, water usage charges or utility charges, and any warrant for possession issued as a result of any order for possession, cease to have effect if the tenant pays all the rent, water usage charges or utility charges owing or enters into, and fully complies with, a repayment plan agreed with the landlord and the tenant has not vacated the residential premises.

(4) If a tenant repays all the rent, water usage charges or utility charges owing or enters into, and fully complies with, a repayment plan agreed with the landlord, the landlord must notify--

(a) the Tribunal, if the landlord has applied to the Tribunal for a termination order on the ground of non-payment of rent, water usage charges or utility charges and the application has not been finally dealt with, or

(b) the Sheriff, if a termination order has been made and a warrant for possession of the residential premises has been issued but has not been enforced by the Sheriff.

: Maximum penalty--20 penalty units.

(5) The Tribunal may, on application by a landlord, make a termination order despite subsection (2) or (3) if it is satisfied that the tenant has frequently failed to pay either or both of the following amounts owing to the landlord for the residential premises--

(a) rent, on or before the day set out in the residential tenancy agreement,

(b) water usage charges in accordance with section 39.

(5A) The Tribunal may make a termination order under subsection (5) on the grounds set out in subsection (5)(b) only if the landlord has, on each relevant occasion, requested payment from the tenant within 3 months of the issue of the bill for those charges by the water supply authority.

(6) If the Tribunal makes a termination order as referred to in subsection (5), a warrant for possession may be issued as a result of that order, even if the tenant has paid all rent, water usage charges or utility charges owing or complied with a repayment plan.