Section 87 — Residential Tenancies Act 2010 (NSW)

(1) A landlord or landlord’s agent must not contravene a provision of this subdivision specifying that the landlord must not enter into a residential tenancy agreement for residential premises for a specified period (a tenancy exclusion period).
(2) The landlord for residential premises must notify the landlord’s agent about a tenancy exclusion period applying to the premises if the landlord knows, or should reasonably know, the agent may lease the premises in contravention of the exclusion period.
(3) The landlord is taken to have satisfied subsection (2) if the landlord notifies the landlord’s agent of—
(a) the date on which the residential tenancy agreement ended, and
(b) the ground for ending the residential tenancy agreement.
(4) A landlord’s agent does not commit an offence against this section if the agent did not know, and could not reasonably have found out, that the residential premises was subject to a tenancy exclusion period.
(5) A residential tenancy agreement for residential premises entered into during a tenancy exclusion period for the premises is not affected by the tenancy exclusion period.

Related sections

• s 84 — Subdivision sets out grounds for giving termination notice
• s 85 — Information and documents to be given with termination notice
• s 86 — Offence for terminating when ground not genuine
• s 87A — Wrongly terminated tenancy does not invalidate later tenancy
• s 87B — Subdivision does not apply to long-term tenancy
• s 87C — Breach of tenancy agreement

Research how courts apply s 87

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