Section 123 — Residential Tenancies Act 2010 (NSW)

(1) A tenant who fails to comply with an order for possession of the Tribunal is liable to pay an occupation fee to the landlord for the period the tenant remains in possession of the residential premises after the date the tenant is required to vacate the premises.
(2) The occupation fee payable is an amount equal to the rent that would have been payable for that period if the residential tenancy agreement had not been terminated.
(3) The amount of the occupation fee may be deducted from the rental bond paid by the tenant for the residential premises.
(4) The Tribunal may, on application by the landlord, order the tenant to pay to the landlord an amount of occupation fee.

Related sections

• s 120 — Repossession of residential premises—offences
• s 121 — Enforcement of orders for possession
• s 122 — Mortgagee repossessions of rented properties
• s 124 — Notice of proposed recovery of premises by person with superior title
• s 125 — Order for tenancy against person with superior title
• s 136 — Definitions

Research how courts apply s 123

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