Section 109 — Residential Tenancies Act 2010 (NSW)

(1) This section applies if residential premises under a residential tenancy agreement are, otherwise than as a result of a breach of an agreement, destroyed or become wholly or partly uninhabitable or cease to be lawfully usable as a residence or are appropriated or acquired by any authority by compulsory process.
(2) The landlord or the tenant may give the other party a termination notice.
(3) The termination notice may end the residential tenancy agreement on the date that the notice is given.
(4) The termination notice may specify a termination date that is before the end of the fixed term of the residential tenancy agreement if it is a fixed term agreement.
(5) The Tribunal may, on application by a landlord or tenant, make a termination order if it is satisfied that a termination notice was given in accordance with this section and that this section applies to the residential premises.

Related sections

• s 106 — Abandoned premises
• s 107 — Landlord’s remedies on abandonment
• s 108 — Death of tenant
• s 110 — Early vacation of premises if tenant gives termination notice
• s 110A — Early vacation of premises—periodic tenancy if landlord gives termination notice
• s 110B — Early vacation of premises—fixed term tenancy if landlord gives termination notice

Research how courts apply s 109

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