Understanding Notice Periods in New South Wales

As a renter in New South Wales, understanding notice periods and tenancy termination procedures is crucial for navigating potential changes in your rental situation. Whether you're facing a rent increase, repairs, or an eviction, knowing your rights and responsibilities ensures smoother interactions with your landlord.

Notice Periods for Lease Termination

In New South Wales, landlords and tenants must adhere to specific notice periods when ending a lease. These periods vary depending on the lease's status (fixed-term or periodic) and the reason for termination.

Fixed-Term Agreements

• Tenant Notice: If a tenant wishes to end a fixed-term agreement at its conclusion, they must provide at least 14 days' notice.¹
• Landlord Notice: To terminate a fixed-term lease at the end, a landlord must give at least 30 days' notice.¹

Periodic Agreements

• Tenant Notice: Tenants can end a periodic agreement with 21 days' notice.¹
• Landlord Notice: Landlords must provide 90 days' notice to end a periodic agreement without specified grounds.¹

Common Reasons for Lease Termination

Several reasons exist for which a lease may be terminated under NSW laws. Knowing these can help tenants anticipate and respond appropriately.

Notices for Breach of Agreement

If either party breaches the tenancy agreement, the other can issue a termination notice:

• Tenant Breach: The landlord can issue a 14-day notice if the tenant fails to pay rent or breaches the lease terms.¹
• Landlord Breach: Tenants can give a 14-day notice if the landlord breaches the terms.¹

Ensure all communications and notices are in writing and keep copies for your records.

Relevant Legislation and Forms

The Residential Tenancies Act 2010 (NSW) governs the terms and regulations for tenancy agreements in New South Wales. Tenants and landlords should be familiar with these terms to understand their obligations.

Official Forms and Resources

• Termination Notice Form: This form is used when a party wants to terminate the lease either at the end of the fixed-term or thereafter.² Find the form on the NSW Fair Trading website.
• NSW Civil and Administrative Tribunal (NCAT): This tribunal handles disputes related to tenancy in NSW.

These resources are vital for taking the proper legal steps and ensuring rights are protected.

1. Can a landlord end a tenancy agreement early?
   A landlord in NSW can terminate a tenancy early under specific grounds such as property sale, breach of agreement, or non-payment of rent. Notice periods vary based on circumstances.¹
2. What should tenants do if they receive an eviction notice?
   If an eviction notice is received, tenants should seek clarity, understand their rights, and, if needed, challenge the notice through NCAT.¹
3. Are tenants required to pay rent after giving notice?
   Yes, tenants must continue to pay rent up until the lease termination date or when they vacate the property, whichever comes first.¹

1. How to respond to a landlord's termination notice in NSW
   
   1. Step 1: Review the notice
      Check for compliance with the Residential Tenancies Act 2010.
   2. Step 2: Seek clarification
      Contact your landlord for details or clarifications if needed.
   3. Step 3: Consider legal advice
      If you disagree with the notice, contact NCAT or seek legal advice from a tenant advocate.

Knowing the notice periods and reasons for termination can empower you to manage your rental situation effectively.

Need Help? Resources for Renters

• Tenants' Union of NSW: Provides free legal advice for tenants.
• NSW Civil and Administrative Tribunal (NCAT): For disputes concerning rental agreements.
• NSW Fair Trading: About tenancy rules and consumer rights.

---

1. Source: NSW Fair Trading — Ending a tenancy
2. Source: NSW Fair Trading — Forms

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