Understanding Notice Periods & Terminations in NSW

As a renter in New South Wales, understanding notice periods and the rules around tenancy terminations is crucial. Whether you're dealing with rent increases, eviction notices, or repairs, knowing your rights under the Residential Tenancies Act 2010 is essential. In this guide, we'll explore key aspects of notice periods and terminations in NSW to help you navigate these situations with confidence.

Types of Notice Periods in NSW

In NSW, different notice periods apply depending on the reason your landlord is ending the tenancy:

• No-fault termination: A landlord must provide at least 30 days' notice if they wish to end the tenancy at the end of the fixed term.
• Without grounds: If a landlord wants to terminate the lease without specific reasons, a 90-day notice is required.
• For breach by tenant: If you're in breach of your tenancy agreement, such as by not paying rent, the landlord must give 14 days' notice to vacate.

Issuing and Receiving a Notice

When issuing or receiving a notice of termination, ensure it's done in writing and includes all necessary details, such as the address of the property, the date by which you must vacate, and the reason for termination if applicable.

Forms and Official Procedures

For terminating a tenancy, landlords and tenants might need to use specific forms issued by NSW Fair Trading. Some key forms include:

• Notice to Terminate Tenancy Agreement: Used by both landlords and tenants when concluding a tenancy. More information and the form can be accessed through NSW Fair Trading.
• Application for Termination Order: If disputes arise about the termination, applications can be made to the NSW Civil and Administrative Tribunal (NCAT) for resolution.

Need Help? Resources for Renters

If you're facing tenancy termination or notice issues, several resources can assist you:

• NSW Fair Trading - Guidance on tenancy rights and obligations.
• NSW Civil and Administrative Tribunal (NCAT) - For resolving disputes regarding tenancies.
• Tenants' Union of NSW - Advocacy and support for tenants.

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1. What is a no-fault termination notice period in NSW? In NSW, a landlord must provide at least 30 days’ notice for a no-fault termination at the end of a fixed term.
2. How long is the notice period for a breach of agreement in NSW? If a tenant breaches the agreement, the landlord must give 14 days’ notice to vacate.
3. Can I dispute a termination notice? Yes, you can apply to the NCAT for a review if you believe a termination notice was unjust.

1. How to respond to a termination notice in NSW
   1. Step 1: Read the notice carefully - Understand the reason for termination and the date by which you need to vacate.
   2. Step 2: Verify notice details - Check the notice period given aligns with NSW laws and your lease agreement.
   3. Step 3: Seek clarification or mediation - If unclear or disagree, contact your landlord for clarification or seek mediation through the NCAT if necessary.

• Make sure to keep a written record of all communications regarding tenancy issues.
• If a termination seems suspicious, contact the Tenants' Union or NSW Fair Trading for advice.

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1. Fair Trading Act 1987 (Cth)
2. Residential Tenancies Act 2010

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