Section 81 — Residential Tenancies Act 2010 (NSW)

(1) A residential tenancy agreement terminates only in the circumstances set out in this Act.
(2) A residential tenancy agreement terminates if a landlord or tenant gives a termination notice in accordance with this Act and the tenant gives vacant possession of the residential premises.
(3) A residential tenancy agreement terminates if the Tribunal makes an order terminating the agreement under this Act.
(4) A residential tenancy agreement terminates if any of the following occurs—
(a) a person having superior title (such as a head landlord) to that of the landlord becomes entitled to possession of the residential premises,
(b) a mortgagee of the residential premises becomes entitled to possession of the premises to the exclusion of the tenant,
(c) a person who succeeds to the title of the landlord becomes entitled to possession of the residential premises to the exclusion of the tenant,
(d) the tenant abandons the residential premises,
(e) the tenant gives up possession of the residential premises with the landlord’s consent, whether or not that consent is subsequently withdrawn,
(f) the interests of the landlord and tenant become vested in the one person (merger),
(g) disclaimer occurs (such as when the tenant’s repudiation of the tenancy is accepted by the landlord).

Related sections

• s 78 — Death of co-tenant
• s 79 — Change of tenants after AVO
• s 80 — Definitions
• s 82 — Termination notices
• s 83 — Termination orders
• s 84 — Subdivision sets out grounds for giving termination notice

Research how courts apply s 81

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