NSW tenancy termination rules changed significantly on 19 May 2025. Landlords and agents must now give a specific lawful ground when ending any type of residential tenancy. The correct process depends on the reason, whether the agreement is fixed-term or periodic and, in some cases, the length of the fixed term.
No-grounds termination has ended in NSW
A landlord can no longer end a residential tenancy simply because a fixed term has expired or because a periodic tenancy is continuing. A valid ground is required, and the ground determines the notice, evidence and timing requirements.
Common grounds landlords may use
- Proposed sale with vacant possession
- Actual sale where the contract requires vacant possession
- Significant renovations or repairs that require the property to be vacant
- Change of use of the property
- The landlord or an eligible family member moving into the property
- Breach of the tenancy agreement
- Non-payment of rent, water usage charges or utility charges
- Other specific grounds under NSW tenancy law, including some matters requiring a Tribunal application
Notice periods depend on the ground and agreement
There is no single landlord notice period. For proposed sale, significant renovations, change of use or landlord/family occupation, NSW Fair Trading lists 60 days for a fixed term of 6 months or less, and 90 days for a fixed term longer than 6 months or a periodic agreement. Actual sale with vacant possession has a 30-day minimum. Breach and non-payment generally have a 14-day minimum.
Some grounds require supporting documents
A landlord termination notice must be in writing, signed and dated, identify the rented property, state the termination date and ground, and include the termination information statement. Supporting documents or information are required for some grounds, including proposed or actual sale, significant renovations or repairs, and landlord or family occupation.
Re-letting restrictions can continue after the tenant leaves
- Proposed sale: generally 6 months after the termination date.
- Significant renovations or repairs: generally 4 weeks.
- Landlord or eligible family member moving in: generally 6 months for renting to other tenants.
- Change of use: generally 12 months.
If circumstances outside the landlord's control change and the property needs to be re-let during an applicable exclusion period, NSW Fair Trading provides an approval process. Evidence is required, including the original termination notice, supporting documents and evidence of the changed circumstances.
What if the tenant does not leave?
A termination notice does not authorise a landlord to physically remove a tenant. If the tenant does not give vacant possession by the termination date, the landlord can apply to NCAT for a termination order. Any later enforcement must follow the lawful possession process.
A practical checklist before giving notice
- Identify the genuine legal ground before choosing a termination date.
- Check whether the tenancy is fixed-term or periodic and confirm the relevant dates.
- Confirm the minimum notice period for that ground.
- Prepare the termination information statement and required supporting documents.
- Check whether a re-letting exclusion period applies.
- Serve the notice correctly and keep evidence of service.
- If the tenant does not vacate, use NCAT and the lawful possession process.
How YAY Real Estate can help
Termination should now start with the reason and evidence, not with a preferred move-out date. YAY Real Estate can help landlords review the tenancy status, organise management records, coordinate notices and supporting material, and manage the practical tenancy process. Independent legal advice should be obtained where a dispute or complex situation requires it.
Frequently asked questions
Can a NSW landlord still give a no-grounds termination notice?
No. Since 19 May 2025, landlords must use a valid legal ground to end all types of residential tenancy agreements.
Can I end a tenancy just because the fixed term is expiring?
No. Expiry by itself is no longer a landlord ground. A valid ground and the applicable notice and fixed-term rules are required.
Can I end a tenancy because I want to sell?
Potentially. NSW provides separate grounds for proposed sale with vacant possession and actual sale where the contract requires vacant possession. The evidence and notice requirements differ.
Can I end the tenancy because I or family will move in?
Potentially. The landlord or an eligible family member must intend to live there for at least 6 months, required supporting statements must be provided, and a re-letting exclusion period applies.
Can major renovations be a termination ground?
Potentially, where the work is significant, the property must be vacant for it to be done properly and the work will begin within the required period. Supporting evidence is required.
What if the tenant is behind in rent?
Non-payment is a specific ground with its own rules. NSW Fair Trading generally lists a 14-day minimum, but payment of arrears or an agreed repayment plan can affect the process.
What if the tenant does not leave?
The landlord can apply to NCAT for a termination order. A landlord cannot simply change locks or physically remove the tenant.
NSW Government — Landlord ending a tenancy
NSW Government — Minimum notice periods