New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 103

103 Breach of agreement--termination by Tribunal

(1) The Tribunal may, on application by a tenant, make a termination order if it is satisfied that--

(a) the landlord has breached the residential tenancy agreement, and

(b) the breach is, in the circumstances of the case, sufficient to justify termination of the agreement.

(2) In considering the circumstances of the case, the Tribunal may consider (but is not limited to considering) the following--

(a) the nature of the breach,

(b) any previous breaches,

(c) any steps taken by the landlord to remedy the breach,

(d) any steps taken by the tenant about the breach,

(e) the previous history of the tenancy.

(3) The Tribunal may refuse to make a termination order if it is satisfied that the landlord has remedied the breach.

(4) A tenant may make an application under this section without giving the landlord a termination notice.

(5) The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.