Protecting Your Rights in NSW: Notice Periods & Terminations

Living as a renter in New South Wales (NSW) can sometimes mean navigating complex rules around tenancy notices and terminations. Understanding your rights and the legal frameworks in place can empower you to make informed decisions and take action when necessary.

Notice Periods in New South Wales

In NSW, the Residential Tenancies Act 2010 outlines the rights for notice periods regarding tenancy termination. Depending on the situation, notice periods can vary, and renters need to be aware of the specifics.

Termination by Landlord

If your landlord decides to terminate the tenancy, the amount of notice they must provide depends on the reason for termination:

• End of Fixed Term: Your landlord must give at least 30 days notice before the end of a fixed-term agreement.
• No Grounds Termination: A 90-day notice period is required if the landlord is terminating the agreement without specific grounds after the fixed term has ended.
• Sale of Premises: A 30-day notice is required if the property is sold and the new owner requires vacant possession.

Termination by Tenant

If you, as a tenant, wish to end the lease, specific notice periods also apply:

• End of Fixed Term: At least 14 days notice is required before the end of a fixed-term agreement.
• No Grounds Termination: You must provide 21 days notice if the lease is periodic (continuing after the fixed term without a formal renewal).

Protection from Unlawful Termination

Tenancy laws in NSW are designed to protect renters against wrongful eviction. If you receive a termination notice that you believe is unjust, you have options to dispute it through the NSW Civil and Administrative Tribunal (NCAT).

Always keep a record of your communications and maintain a trail of dates and details related to any notices or disputes. This documentation can be vital if you need to present your case to NCAT.

Forms and Practical Steps

Two important forms to be aware of are:

• Notice of Termination by Tenant: Use this form to officially notify your landlord that you are ending the tenancy, which can be found on the NSW Government website.
• Notice to Remedy Breach: If there are unresolved issues during your tenancy, such as failure to repair, you can issue this notice to your landlord, prompting them to take action. This form can also be downloaded from the NSW Government website.

FAQ Section

1. What is the notice period for rent increase in NSW? Landlords must provide at least 60 days written notice of a rent increase in NSW.
2. Can my landlord evict me for no reason? Yes, but only with appropriate notice. In NSW, after the fixed term ends, a landlord can issue a 90-day notice without grounds.
3. What can I do if my landlord breaches the agreement? You can issue a "Notice to Remedy Breach" to give your landlord the opportunity to address the issue, or apply to NCAT if the problem persists.

How To Section

1. How to respond to a termination notice in NSW
   1. Review the notice: Check the reason and the date by which you must respond.
   2. Consider disputing via NCAT: If you believe the termination is unlawful, submit an application to NCAT.

Key Takeaways

• Understand the notice periods applicable to both you and your landlord.
• Document all communications related to your tenancy.
• Use the proper channels and forms to dispute any unfair practices.

Need Help? Resources for Renters

For further advice and support, renters in NSW can contact:

• Tenants' Union of NSW
• NSW Civil and Administrative Tribunal (NCAT)
• NSW Fair Trading

---

1. Residential Tenancies Act 2010 (NSW) - NSW Government Legislation
2. NSW Fair Trading - Renting and You - NSW Fair Trading Website
3. NSW Civil and Administrative Tribunal (NCAT) - NCAT Official Website

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid