New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 87M

87M Landlord or family will reside at the premises

(1) A landlord may give a termination notice on the ground that a relevant person will reside at the residential premises for at least 6 months.

(2) The termination date must be--

(a) for a periodic agreement--at least 90 days after the notice is given, or

(b) for a short fixed term agreement--

(i) on or after the end of the agreement, and

(ii) at least 60 days after the notice is given, or

(c) for another fixed term agreement--

(i) on or after the end of the agreement, and

(ii) at least 90 days after the notice is given.

(3) The landlord requires the approval of the Secretary to enter into a residential tenancy agreement under this Act for the residential premises within 6 months after the termination date.

(4) The Secretary must give approval if satisfied the relevant person genuinely intended to reside at the premises but could not do so because of circumstances beyond the control of the relevant person.

(5) Subsection (3) does not apply to a residential tenancy agreement if the tenant under the agreement is--

(a) a relevant person, or

(b) a person who will reside at the residential premises with a relevant person.

(6) In this section--

"relevant person" means the following--

(a) a landlord,

(b) a spouse or de facto partner of a landlord,

(c) a parent, grandparent, child, grandchild, sibling, child of a sibling, sibling of a parent or first cousin of--

(i) a landlord, or

(ii) a spouse or de facto partner of a landlord,

(d) a dependent of a landlord who ordinarily resides with the landlord.