What to do now
Official guidance: NSW Fair Trading, Landlord ending a tenancy (includes Termination Information Statement). Clock: 90 days for most grounds (sale, renovations, landlord moving in) on periodic tenancies or fixed terms longer than 6 months, 60 days for fixed terms 6 months or less, or 14 days for breach and non-payment. Tribunal: NCAT, fee $64 (or $16 with a concession card as at 1 July 2026).
If you are a tenant and received a termination notice from your landlord on or after 19 May 2025:
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Check the notice includes the required elements: written notice with your address, termination date, the specific ground (reason) for ending the tenancy, supporting documents (for most grounds), and the Termination Information Statement. If any element is missing, the notice may not be valid.
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Count the notice period. The notice must give you at least the minimum number of days set by the Residential Tenancies Act 2010 (NSW). If the notice is posted, add 7 working days. Common notice periods are 90 days (periodic tenancy or fixed term longer than 6 months), 60 days (fixed term 6 months or less), or 14 days (breach or non-payment).
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If you believe the ground is not genuine or the notice is defective, you can apply to NCAT to challenge it. The application fee is $64 ($16 with a concession card as at 1 July 2026). Most people represent themselves. Apply online at NCAT Apply Online.
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If you do not vacate by the termination date and the landlord wants possession, they must apply to NCAT for a termination order. Landlords cannot forcibly evict tenants without a Tribunal order.
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Keep paying rent up to the termination date unless you have an agreement in writing to end earlier. Keep all documents: the notice, your lease, condition reports, photos, supporting documents, and the Termination Information Statement.
The 19 May 2025 no-grounds ban
Under the Residential Tenancies Amendment Act 2024, which came into force on 19 May 2025, landlords in NSW can no longer end a residential tenancy without a valid reason. This applies to all tenancy types, periodic (ongoing) tenancies and fixed-term agreements, including tenancies that started before 19 May 2025.
Before 19 May 2025, landlords could end a periodic tenancy with 90 days' notice for no reason, or end a fixed-term tenancy with 30 days' notice at the end of the fixed term. That is no longer allowed. Every termination notice must now state one of the valid grounds in the Residential Tenancies Act 2010 (NSW) and, for most grounds, include supporting documents that prove the ground is genuine.
Landlords who issue a notice on a non-genuine ground, or who provide false or misleading supporting documents, can face penalties up to $11,000 for individuals and $71,500 for corporations under section 228A of the Residential Tenancies Act 2010 (NSW).
Valid grounds landlords can use
A landlord can only end a tenancy for one of the prescribed grounds in sections 84-88 of the Residential Tenancies Act 2010 (NSW). The most common grounds and their notice periods are:
Sale, renovations, or landlord moving in (60 or 90 days)
- Proposed sale of property under section 84(1)(a) (landlord intends to sell the property as vacant possession)
- Actual sale of property under section 84(1)(b) (landlord has entered a contract to sell as vacant possession (30 days))
- Significant renovations or repairs under section 84(1)(c) (work substantial enough that the tenant cannot remain during the work)
- Change of use for the property under section 84(1)(d) (the property will no longer be used as a rental home)
- Landlord or their family will move in under section 84(1)(e) (landlord, their spouse, dependent child, or parent needs to occupy the property)
For these grounds, the notice period is:
- 90 days for periodic tenancies or fixed-term agreements longer than 6 months
- 60 days for fixed-term agreements of 6 months or less
Each of these grounds requires supporting documents under clause 28A of the Residential Tenancies Regulation 2019 (NSW). For example, a sale contract for actual sale, tradesperson quotes or council permits for renovations, or a statutory declaration from the landlord for owner occupation. The Act and NSW Fair Trading guidance specify what documents must be provided for each ground.
When a landlord ends a tenancy on one of these grounds, a re-letting exclusion period applies under section 115A of the Residential Tenancies Act 2010 (NSW). The landlord cannot rent the property to a new tenant for 2 months (sale) or 6 months (renovations, change of use, owner occupation) after the termination date, unless circumstances change beyond their control and NSW Fair Trading approves early re-letting.
Tenant breach or non-payment (14 days)
- Breach of agreement (tenant has breached a term of the tenancy agreement, such as causing damage, keeping an unauthorised pet, or subletting without permission)
- Non-payment of rent, water usage, or utility charges under section 88 (rent or charges have been unpaid for at least 14 days)
For both grounds, the landlord must give 14 days' notice and can use these grounds to end a fixed-term agreement early.
For non-payment, the tenant is not required to vacate if they pay all amounts owing or follow a repayment plan agreed with the landlord before the termination date.
If the tenant does not vacate after 14 days, the landlord can apply to NCAT for a termination order. If the tenant can show at the hearing that they have remedied the breach or made progress toward fixing it, NCAT may decide not to terminate the agreement.
Serious damage, illegal activity, threats or abuse (immediate)
If the tenant or their guests have caused serious damage to the property, used the premises for illegal purposes, or engaged in persistent threats, abuse, or intimidation toward the landlord, agent, or neighbours, the landlord can apply directly to NCAT for a termination order without giving a termination notice. NCAT may order the tenant to give immediate possession.
What a termination notice must include
A termination notice given by a landlord on or after 19 May 2025 must be in writing and include:
- The address of the rental property
- The termination date (the date by which the tenant must vacate)
- The specific ground for termination
- Supporting documents (where required for the ground used)
- The Termination Information Statement, a prescribed NSW Fair Trading document that explains the tenant's rights
The notice must be signed and dated by the landlord or agent, and given to the tenant in person, by mail, by email (if the tenant has agreed to receive notices by email), or by hand delivery to a mailbox. If posted, the landlord must allow an extra 7 working days for delivery.
The Termination Information Statement is not optional. It is a mandatory document that landlords must attach to every termination notice. NSW Fair Trading publishes the current form on the changes to rental laws page.
Challenging a termination notice at NCAT
If a tenant believes the ground in a termination notice is not genuine, or that the landlord has not followed the correct process, the tenant can apply to NCAT to challenge the notice. NCAT will consider whether the ground is genuine and whether the notice complies with the Act.
Most NCAT hearings are informal and parties represent themselves. The application fee is $64 (or $16 with a concession card). Apply online at NCAT Online Services or lodge a paper form. The hearing usually takes 30–60 minutes, and both parties present their evidence.
If NCAT finds the notice was given on a non-genuine ground or does not comply with the Act, the Tribunal can dismiss the application and the tenancy continues.
Where to get help
NSW Fair Trading: 13 32 20 (Mon–Fri 8:30am–5pm)
Landlord ending a tenancy page
Minimum notice periods table
NCAT: ncat.nsw.gov.au or 1300 006 228