61Abandonment of premises

1. On the application of the landlord, the Tribunal may make an order terminating a tenancy where it is satisfied that the tenant has abandoned the premises and the rent is in arrear.

2. Where the Tribunal makes an order under subsection (1) in respect of a periodic tenancy, it shall determine, as best it can on the evidence before it, the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises, and shall specify that date in the order.

3. A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date:

4. in the case of a periodic tenancy,—whichever is the earlier:
   1. the date of the expiry of the period of 21 days after the date specified by the Tribunal under subsection (2); or
   2. the date of commencement of a new tenancy of the premises,—
5. in the case of a fixed-term tenancy,—whichever is the earlier.
   1. the date of the expiry of the term; or
   2. the date of commencement of a new tenancy of the premises,—

6. Subsection (3) does not apply if section 78A applies.

7. Nothing in section 49 shall impose upon the landlord any obligation, on finding that the tenant has abandoned the premises, to make an application under this section or to grant a new tenancy of the premises.

8. It is declared that a tenant commits an unlawful act if, without reasonable excuse, he or she abandons the premises when the rent is in arrear.

9. A process for dealing with applications under subsection (1) within 10 working days and without a hearing is set out in section 91AA.