Section 95 — Residential Tenancies Act 2010 (NSW)

(1) This section applies if the tenant under a residential tenancy agreement who occupied or partly occupied the residential premises with another occupant no longer resides in the residential premises and the residential tenancy agreement has been terminated.
(2) The landlord may give any remaining occupant of the residential premises a notice requiring the occupant to give vacant possession of the premises within a period of not less than 14 days.
(3) The Tribunal may, on application by a landlord, make an order for possession of the residential premises specifying the day on which the order for possession takes effect if it is satisfied that—
(a) notice was given in accordance with this section, and
(b) the occupant has not vacated the premises, and
(c) the tenant no longer resides in the premises.
(4) The Tribunal is not to make an order for possession of the residential premises if the tenant is prohibited by an apprehended violence order from having access to the residential premises while the occupant resides in the premises and the occupant has not had a reasonable opportunity to obtain a final apprehended violence order and to apply to the Tribunal for an order under section 79.

Related sections

• s 92A — Termination by Tribunal—tenant rectification orders
• s 93 — Hardship to landlord
• s 94 — Termination of long term tenancies
• s 96 — End of fixed term agreement
• s 97 — Termination of periodic agreement by tenant
• s 98 — Breach of agreement—termination notice by tenant

Research how courts apply s 95

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