Section 77 — Residential Tenancies Act 2010 (NSW)

(1) The Tribunal may, on application by a person who is occupying residential premises, make an order recognising the person as a tenant under a residential tenancy agreement or join the person as a party to any proceedings relating to the premises, or both.
(2) The Tribunal may make an order if—
(a) the sole tenant under the residential tenancy agreement to which the premises are subject has died, or
(b) the tenant no longer occupies the premises.
(3) An order under this section may—
(a) vest a tenancy over the residential premises in the occupant on such of the terms of the previous residential tenancy agreement as the Tribunal thinks appropriate, having regard to the circumstances of the case, and
(b) vest the tenancy from a date that is earlier than the order.
(4) An application for an order under this section may be made at the same time as any other application or during proceedings before the Tribunal or independently of any such other application or proceedings.
(5) This section does not apply if the landlord is a social housing provider.

Related sections

• s 74 — Transfer of tenancy or sub-letting by tenant
• s 75 — Consent to transfer of tenancy or sub-letting
• s 76 — Notice of sale of residential premises by landlord
• s 78 — Death of co-tenant
• s 79 — Change of tenants after AVO
• s 80 — Definitions

Research how courts apply s 77

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