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RESIDENTIAL TENANCIES ACT 1987 - SECT 61 Notice of termination where agreement frustrated

This legislation has been repealed.

RESIDENTIAL TENANCIES ACT 1987 - SECT 61

Notice of termination where agreement frustrated

61 Notice of termination where agreement frustrated

(1) If residential premises under a residential tenancy agreement are, otherwise than as a result of a breach of the agreement, destroyed or rendered wholly or partly uninhabitable or cease to be lawfully usable for the purpose of a residence or are appropriated or acquired by any authority by compulsory process:
(a) the rent abates accordingly, and
(b) the landlord or the tenant may give immediate notice of termination to the other party.
(1A) For so long as a residential tenancy agreement is not terminated under subsection (1) (b), then, for the purposes of subsection (1) (a):
(a) the landlord and tenant may agree in writing as to the amount of rent payable, or
(b) failing such agreement, either the landlord or tenant may apply to the Tribunal for an order determining the amount of rent payable.
(1B) The Tribunal may, on application made under subsection (1A) (b):
(a) by order, determine the amount of rent payable, from a day specified by the Tribunal, for the purposes of subsection (1) (a), and
(b) order the landlord to repay to the tenant any rent paid by the tenant since the specified day that is in excess of the amount determined by the Tribunal, and
(c) make such other orders with respect to the application as the Tribunal thinks fit.
(2) A notice of termination of a residential tenancy agreement that creates a tenancy for a fixed term given under this section is not ineffective because the notice is given before the day the term ends.