NSW Breaking a lease

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1 March 2020
I have noted with the new fixed term lease tenancy break of lease regulations from 23/3 a tenant pays a variable penalty to break based on which quarter of lease period remains. I have 2 questions:
  • To break a lease does a tenant need a breach to have occurred by landlord or can this break be done just because tenant chooses to?
  • Can the new break of lease provisions be changed in tenancy agreements from 23/3 - and so be replaced by a clause such as “a tenant may break a lease without any penalties provided the landlord or agent has found an acceptable replacement tenant for the remainder of tenancy period, other wise the existing tenant will remain liable till end of said fixed term tenancy agreement.