RESIDENTIAL TENANCIES ACT 1997 - SECT 62 Abandonment during fixed term

RESIDENTIAL TENANCIES ACT 1997 - SECT 62

    (1)     If a tenant abandons premises before the end of a fixed term agreement, the former lessor may apply to the ACAT for the following compensation:

        (a)     compensation for the loss of the rent that the former lessor would have received had the agreement continued to the end of its term;

        (b)     compensation for the reasonable costs of advertising the premises for lease and of giving a right to occupy the premises to another person.

    (2)     On application, the ACAT may award compensation of the kind mentioned in subsection (1) (a) and (b).

    (3)     The amount of compensation the ACAT may award—

        (a)     under subsection (1) (a) must not exceed an amount equal to 25 weeks rent; and

        (b)     under subsection (1) (b) must not exceed an amount equal to 1 week's rent.

    (4)     In deciding the amount of compensation that may be awarded under subsection (2) in relation to costs, the ACAT must have regard to when, apart from the abandonment of the premises—

        (a)     the agreement would have ended; and

        (b)     the lessor would have incurred the costs mentioned in subsection (1) (b).