Section 87C — Residential Tenancies Act 2010 (NSW)

(1) A landlord may give a termination notice on the ground the tenant has breached the residential tenancy agreement.
(2) The termination date must be at least 14 days after the termination notice is given.
(3) The Tribunal may, on application by the landlord, make a termination order in relation to a termination notice given under this section if the Tribunal is satisfied—
(a) the tenant has breached the residential tenancy agreement, and
(b) the breach is, in the circumstances of the case, sufficient to justify termination of the agreement, and
(c) the termination notice was given in accordance with this section, and
(d) the tenant has not vacated the premises as required by the notice.
(4) In considering the circumstances of the case, the Tribunal may consider the following—
(a) the nature of the breach,
(b) previous breaches,
(c) steps taken by the tenant to remedy the breach,
(d) steps taken by the landlord about the breach,
(e) the previous history of the tenancy,
(f) another matter the Tribunal considers relevant.
(5) The Tribunal may refuse to make a termination order if it is satisfied that the tenant has remedied the breach.
(6) Section 89(2) and 89A do not apply to a termination notice given under this section.
Note. Section 154E sets out additional matters to be considered if the residential tenancy agreement is a social housing tenancy agreement.

Related sections

• s 87 — Offence of entering into new agreement within exclusion period
• s 87A — Wrongly terminated tenancy does not invalidate later tenancy
• s 87B — Subdivision does not apply to long-term tenancy
• s 87D — Actual sale of premises
• s 87E — Proposed sale of premises
• s 87F — Significant renovations or repairs to premises

Research how courts apply s 87C

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