Section 104 — Residential Tenancies Act 2010 (NSW)

(1) The Tribunal may, on application by a tenant, make a termination order for a fixed term agreement if it is satisfied that the tenant would, in the special circumstances of the case, suffer undue hardship if the residential tenancy agreement were not terminated.
(2) The Tribunal may, if it thinks fit, also order the tenant to pay compensation to the landlord for the landlord’s loss of the tenancy. The amount of compensation must not exceed the amount specified as the applicable break fee for the tenancy under section 107.
(3) The landlord must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been reasonably avoided by the landlord.
(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.

Related sections

• s 102 — Termination of agreement or co-tenancies by Tribunal
• s 103 — Breach of agreement—termination by Tribunal
• s 103A — Contravention by landlord of information disclosure provisions—termination by Tribunal
• s 105 — Termination by Tribunal on landlord’s application after termination notice given by tenant
• s 105A — Definitions
• s 105B — Right of early termination

Research how courts apply s 104

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.