Changes to no ground evictions in residential tenancies

In May 2025, changes were introduced to the Residential Tenancies Act 2010 (NSW) to end no grounds terminations. For landlords seeking to terminate periodic or fixed term tenancy they must now provide the tenant with an applicable ground for that termination along with supporting documentation. It is an offence to give false or misleading supporting documents or information and to give a termination notice on a ground that is not genuine.

Grounds on which a landlord can end a tenancy include:

Sale

The landlord has sold the property, and the Contract requires vacant possession. If this ground is opted for, the tenant must be given a full or partial copy of the Contract, or a written statement from the solicitor or conveyancer confirming the property has been sold.

Proposed Sale

The property will be offered for sale with vacant possession. If this ground is opted for, the tenant must be given the proposed Contract, or a full or partial copy of the agency agreement for the sale.

Repairs

The premises will be subject to significant repairs requiring vacant possession which are to be started within two months of termination. If this ground is opted for, the tenant must be given a signed and dated written statement detailing when works will start, why they are significant and that the property must be vacant for the works to be done properly.

Not used as rental

The property will no longer be used as a rental and will be used for other purposes for at least 12 months. If this ground is opted for, the tenant must be given a signed and dated written statement detailing what the premises will be used for and confirming it won’t be use as a rental for at least 12 months and (if applicable), for a business premises, the ABN, development consent or licence number for the business, or for a short-term rental property, proof of registration on the STRA register.

Other reasons

Other grounds include breach of the lease, the landlord or their family intend to move into the property, the property is to be demolished, and for the reasons set out in the Act.

When terminating a tenancy, landlords should carefully review and consider the supporting documentation and/or information required and the minimum notice periods.

For certain grounds, landlords should also be aware of the reletting restriction, being the minimum period where a new tenancy cannot start. This is referred to as the exclusion period, and it is an offence to enter a new tenancy during the exclusion period without approval from NSW Fair Trading.

For those purchasing property subject to a residential tenancy, this is an additional layer of due diligence which should be considered. Steps should be taken to ascertain the particulars of the tenancy and whether the tenancy is intended to be continued. It is particularly important for this to be considered at the time of purchase as there is a ground to end a tenancy on the basis of a sale, but following settlement it can be much more difficult for the purchaser to end a residential tenancy.