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Property ManagementNon Payment TerminationNSWMEDIUM

A NSW tenant's rent has been unpaid for 16 days, and the agent gives a 14-day non-payment termination notice. Before the termination date, the tenant pays all the arrears. What is the effect?

Correct Answer

D) The tenant is not required to vacate, because all the rent owing was paid

Under the Residential Tenancies Act 2010, a landlord or agent may give a non-payment termination notice once rent, water usage or utility charges have been unpaid in breach of the agreement for at least 14 days, and the notice period is 14 days. NSW Fair Trading states that a tenant who receives such a notice is not required to vacate if they pay all the amounts owing or follow a repayment plan agreed with the landlord.

Answer Options
A
The tenant must still vacate, because a valid notice cannot be undone
B
The tenant may stay only if the Tribunal makes an order confirming it
C
The notice was invalid because rent must be unpaid for 30 days first
D
The tenant is not required to vacate, because all the rent owing was paid

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