New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 88

88 Termination notices for non-payment of rent or charges

(1) A termination notice given by a landlord on the ground of a breach of the residential tenancy agreement arising solely from a failure to pay--

(a) rent, or

(b) water usage charges, or

(c) charges for the supply of electricity, gas or oil (
"utility charges" ),

payable by the tenant (a
"non-payment termination notice" ) has no effect unless the rent has, or the water usage charges or utility charges have, remained unpaid in breach of the agreement for not less than 14 days before the non-payment termination notice is given.

(2) A non-payment termination notice is not ineffective merely because of any failure of the landlord or the landlord's agent to make a prior formal demand for payment of the rent, water usage charges or utility charges.

(3) A non-payment termination notice must inform the tenant that the tenant is not required to vacate the residential premises 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, unless the Tribunal makes a termination order on the basis that the tenant has frequently failed to pay rent, water usage charges or utility charges on time.

(4) Despite any other provision of this Part, a landlord may apply to the Tribunal for a termination order before the termination date specified in a non-payment termination notice. The Tribunal must not consider any such application until after the termination date.