Landlord ending a tenancy

Key information

• In most cases when a landlord wants to end a tenancy agreement, they must give the tenant a termination notice.
• A landlord must give a specific ground for ending all lease types. Penalties can apply for unlawful terminations.
• The tenancy ends once a tenant gives vacant possession of the property to the landlord or agent – that is when the tenant moves out and returns the keys.
• If a tenant does not vacate by the day specified in the notice, the landlord can then apply to the NSW Civil and Administrative Tribunal (the Tribunal) for a termination order.
• A termination order ends the tenancy on a specified date and requires the tenant to give vacant possession by that date.

How landlords can give a termination notice

A termination notice given by a landlord must:

• be in writing
• be signed and dated by the landlord
• include the address of the rented property
• state the day the tenancy agreement will end and when the tenant must be fully moved out
• include the ground for termination
• be given with a termination information statement
• be given with supporting documents or information, if required for the ground.

Termination notices do not have to line up with the rent payment cycle, but they must be given with at least the minimum amount of notice.

The landlord or agent can give the notice to a tenant:

• in person
• by mail
• by email (to an email address the tenant has specified for documents of that kind)
• or by hand in an addressed envelope to a mailbox at a home or business address.

A landlord may write the notice themselves or use the sample termination notice for landlords and agents.

Learn more about how to give notice to end a tenancy.

Provide supporting documents if required

Some grounds for terminating a tenancy require the landlord to give supporting documents or information to show that the ground used is genuine. 

If a ground requires supporting documents but none are given, or the supporting documents do not include the required information, then the termination may not be valid. 

It is an offence for a landlord or an agent to give supporting documents that are false or misleading. Penalties apply.
 

How much notice a landlord must give to end an agreement

Landlords must give the tenant enough notice before the tenancy ends. The notice period will depend on the type of tenancy agreement (fixed term or periodic), the length of the agreement and the ground for termination.

If a termination notice is posted to a tenant, the landlord or agent must allow an extra 7 working days for delivery.

Learn more about minimum notice periods.
 

When a landlord can end a fixed-term agreement early

In some situations, a landlord may be able to end the fixed-term agreement early.

This could be because:

• the property is unusable
• the tenant has breached the tenancy agreement
• the tenant has not paid the rent (a specific case of breaching the agreement)
• the landlord is experiencing undue hardship and has obtained a termination order from the Tribunal on that ground.

There are other grounds that also allow a landlord to end a fixed term agreement early. The list of grounds for a landlord to end a tenancy (below) includes information on which reasons can be used to end the tenancy early.

Re-letting exclusion periods

A re-letting exclusion period is a set amount of time when a landlord is not allowed to enter into a new tenancy agreement after ending a previous agreement. 

Re-letting exclusion periods apply to grounds where the landlord has said they will need the property back because it will be used for something other than a rental home. For example, if the landlord will live in the property.

An exclusion period starts from the termination date (listed in the termination notice).

It is an offence for a landlord or agent to rent out a property that is in an exclusion period. Landlords must tell their agent if their property is in an exclusion period. They can do so by giving the agent the date and the ground used to end the previous tenancy agreement. 

If a landlord has a change of circumstances beyond their control, they can apply to NSW Fair Trading to be able to rent the property out again during the re-letting exclusion period. They must complete the Re-letting application form.

Grounds for a landlord to end a tenancy

A landlord must use a specific ground to end a tenancy. This applies to all tenancies, including ones that started before 19 May 2025.

However, a termination notice given by a landlord to a tenant before 19 May 2025 is still a valid notice, if given properly under the previous laws.

Termination for breach of agreement

If a tenant is in breach of a tenancy agreement - that is, they fail to meet their obligations under the agreement – the landlord or agent can end the agreement.

If the tenant does not vacate the premises by the termination date in the notice, the landlord or agent can apply to the Tribunal for a termination order.

If the tenant can show that they have fixed the breach, or taken steps towards this, the Tribunal may decide not to end the agreement.

This ground can be used to end a fixed term agreement early.

Termination for non-payment of rent, water usage or other charges

If a tenant has breached the agreement solely by getting behind with the rent, or water usage and/or utility changes, the landlord or agent can give the tenant a non-payment termination notice.

The rent, water usage charges, and/or utility charges need to have been unpaid in breach of the agreement for at least 14 days before the landlord or agent can give the tenant this notice.

If a tenant gets such a notice, they are not required to vacate if:

• they pay all the rent, water usage and/or utility charges owing or
• they follow a repayment plan agreed with the landlord.

This ground can be used to end a fixed term agreement early.

Termination for serious damage, injury, threats, abuse or use of the premises for an illegal purpose

A landlord or agent can apply to the Tribunal for a termination order without giving a termination notice on one or more of the following grounds:

• the tenant, the tenant’s guests, another occupant or their guests have caused or permitted:
  • serious damage to the premises or any neighbouring property (including any property available for use by the tenant in common with others)
  • injury to the landlord, agent, the landlord’s/agent’s employees or contractors, or the tenant’s neighbours
  • persistent threats or abuse to the landlord, agent or the landlord’s or agent’s employees or contractors
  • intentional intimidation or harassment towards a person
  • use of the premises for illegal purposes.

If the Tribunal makes a termination order on any of these grounds, it may order the tenant to give immediate possession of the premises to the landlord, including before the end of a fixed term agreement.

Termination for actual sale of the property

Landlords can end a tenancy if they have sold the property. To use this ground, the landlord must:

• have entered into a contract for sale for the property, and
• the contract for sale requires vacant possession of the property.

Supporting documents to show sale of the property

The landlord must give the tenant supporting documents together with the termination notice. The documents show that the landlord has sold the property.

The landlord must give the tenant one of the following:

Information that is not required to be shown in the contract for sale (for example, someone’s contact details) can be redacted.

Termination for proposed sale of the property

Landlords can end a tenancy if they are selling the property with vacant possession and need the property to be vacant for the sale.

Supporting documents to show proposed sale of the property

The landlord must give the tenant supporting documents together with the termination notice. These documents show that the landlord intends to sell the property

The landlord must give the tenant one of the following: 

Information that is not required to be shown in the contract for sale or the agency agreement (for example, someone’s contact details) can be redacted.

Re-letting exclusion period for proposed sale of property

If a landlord ends the tenancy using this ground, they cannot rent out the property for 6 months after the termination date.

Termination for significant renovations or repairs to the property

Landlords can end a tenancy if:

• they need to carry out significant renovations or repairs to the property
• the property must be empty for the work to be done properly, and
• the planned renovations or repair will begin within 2 months after the tenant moves out.

A significant renovation or repair is expected to have a big impact on the tenant's use of the property. For example, it may take a long time to complete, be extensive throughout the property, or make essential areas unusable.

However, landlords cannot use this ground if NSW Fair Trading or the Tribunal has issued an order for them to fix the property (such as a rectification order).

These orders require the landlord to fix the property if they have not kept it in a reasonable state of repair.

This ensures the landlord cannot breach their obligation to maintain the property as a way to end a tenancy.

A landlord may choose not to end the tenancy even if repairs are needed. They can consider offering the tenant a rent reduction or pause while work is carried out to the property

Supporting document to show significant renovations or repairs

The landlord must give the tenant a supporting document together with the termination notice. The document shows that the landlord will carry out significant renovations or repairs, that the property needs to be vacant for the work to be done properly, and when the work will start.

Landlords must give the tenant a written statement that:

• explains why the renovations or repairs are significant
• explains why the property must be vacant for the work to be done properly
• gives the proposed start date for the work, and
• is signed and dated by the landlord.

Re-letting exclusion period for significant renovations or repairs

If a landlord ends the tenancy using this ground, they cannot rent out the property for 4 weeks after the termination date.

Termination for demolition of the property

Landlords can end a tenancy if:

• they will demolish the property, and
• the demolition will start within 2 months after the tenant moves out.

Supporting documents to show demolition of the property

The landlord must give the tenant supporting documents together with the termination notice. These documents show that the landlord will demolish the property, and when the work will start.

The landlord must give the tenant the following:

Information that is not required to be shown in the contract for the demolition (for example, someone’s contact details) can be redacted.

Re-letting exclusion period for demolition of the property

If a landlord ends the tenancy using this ground, they cannot rent out the property for 6 months after the termination date.

Termination because of change of use of the property

Landlords can end a tenancy if they no longer plan to use the property as a rental home for at least 12 months.

Supporting documents to show the property won’t be used as a rental home

The landlord must give the tenant supporting documents together with the termination notice. These documents show that the landlord will not use the property as a rental home for at least 12 months, and explain what the property will be used for.

The landlord must give the tenant the following:

If the property will not be used for a business or for short term rental accommodation, then only the written statement must be given.

Re-letting exclusion period for change of use of the property

If a landlord ends the tenancy using this ground, they cannot rent out the property for 12 months after the termination date.

Termination because the landlord or family are moving into the property

Landlords can end a tenancy if they or a member of their family will live in the property for at least 6 months.

A family member of the landlord can be their spouse or de facto partner.

It can also be the landlord’s or their partner’s:

• grandparent
• parent
• aunt or uncle
• sibling
• child
• grandchild
• niece or nephew, or
• first cousin.

The family member can also be a dependent of the landlord that normally lives with them.

Supporting documents to show the landlord or their family will move in

The landlord must give the tenant supporting documents together with the termination notice.

These documents show that the landlord or a family member will live in the property for at least 6 months, and (if a family member will move in) what the relation of the family member is to the landlord.

The landlord must give the tenant the following:

Re-letting exclusion period for the landlord or family moving in

If a landlord ends the tenancy using this ground, they cannot rent out the property to other tenants for 6 months after the termination date.

However, the landlord can rent the property to their family member without breaking the exclusion period.

Termination because tenant is no longer eligible for student accommodation

If the tenant is living in purpose-built student accommodation, the landlord can end the tenancy when the tenant stops being a student.

Purpose-built student accommodation is a type of high-density, communal living that is specifically rented to students who are studying at a NSW educational institution.

Termination of tenant no longer eligible for affordable housing scheme

Affordable housing is rental housing designed to help people on lower incomes live in secure, suitable homes they can afford. An affordable housing scheme is managed in accordance with the NSW Affordable Housing Ministerial Guidelines and operates through assistance from government programs, not-for-profits, or planning incentives.

Landlords that offer housing as part of an affordable housing scheme can end a tenancy if:

• the tenant is no longer eligible for the scheme, or
• the scheme operated for a limited time and has now ended.

Supporting information to show tenant is no longer eligible

If the tenancy is ending because the tenant is no longer eligible, the landlord must give the tenant information about why the tenant is no longer eligible for the affordable housing scheme.

Termination of tenant in transitional housing program

Transitional housing is short-term, subsidised rental housing provided to people who are homeless or at risk of becoming homeless. These homes are usually managed by community housing providers, specialist homelessness services, or the Department of Communities and Justice.

Landlords that offer housing through a transitional housing program can also end a tenancy if:

• the tenant is no longer eligible for the program, or
• the program operated for a limited time and has now ended.

Supporting information to show tenant is no longer eligible

If the tenancy is ending because the tenant is no longer eligible, the landlord must give the tenant information about why the tenant is no longer eligible for the transitional housing program

Termination because property is needed for key workers

If a property is part of a NSW Government key worker housing scheme, the landlord can also end the tenancy if the property is needed to house key workers, such as medical professionals, teachers and police.

However, this ground can only be used if the tenant was told before signing the lease that:

• the property is part of a key worker accommodation scheme, and
• the lease could end if the property is needed for a key worker.

Termination due to landlord hardship

A landlord can apply to the Tribunal for a termination order without giving a termination notice if they would suffer undue hardship if the tenancy continued. The Tribunal may make a termination order and may also order the landlord to compensate the tenant for loss of the tenancy.

This ground can be used to end a fixed term agreement early.

Learn more about experiencing hardship during a tenancy.

Termination of employee or caretaker residential tenancy agreement

If the tenant will no longer be an employee or caretaker for the property, the landlord can end the tenancy agreement.

An employee or caretaker residential tenancy agreement is where the tenant stays in the rental property in exchange for, or as payment for, doing work related to the property. For example, a live-in groundskeeper or a lighthouse keeper. It can also be where the tenant’s employment is taken to be a residential tenancy agreement.

Termination of long-term tenancy

A long-term tenancy is where the tenant has been in the property continuously for 20 years or more.

Unless the property has been sold, is unusable, or the tenant has breached the lease or died, this type of tenancy can only be ended by a Tribunal order.

The landlord can apply to the Tribunal for an order and the Tribunal can make the order if

• the landlord has a ground to end the tenancy (for example, because they will move in or will demolish the property)
• the fixed term has ended (if the property is under a fixed term agreement), and
• the Tribunal is satisfied that the order is appropriate in the circumstances of the case.

The Tribunal must give the tenant at least 90 days’ notice to leave the property.

Termination by social housing providers

A social housing provider can end a tenancy agreement on certain grounds other than those already outlined. This includes if the tenant is no longer eligible for social housing, has refused alternative accommodation, or has broken or refused an acceptable behaviour agreement.

Information and support for landlords and agents is available on the DCJ Housing website.

Termination because property is unusable

A landlord or agent can give immediate notice to end the tenancy if the tenancy agreement has been frustrated because the property:

• was destroyed or is wholly or partly uninhabitable (for example, due to fire or flood), and this was not due to a breach of the agreement,
• is no longer lawfully usable as a residence, or
• was acquired by an authority by compulsory process (such as for building a road).

This ground can be used to end a fixed term agreement early.

Termination for death of tenant

If there is only one tenant on an agreement and that tenant dies, the landlord can end the agreement.

The landlord ends the agreement by giving a termination notice to the tenant’s legal representative. 

This ground can be used to end a fixed term agreement early.

Termination of occupant remaining in property

If there are people still living in a rental property after the tenants listed on the agreement have left, the landlord can require the remaining occupants to move out.

The landlord can give the remaining occupants a notice for vacant possession of the property. This notice can be given at any time.

Termination where the tenant ended the tenancy but didn’t move out

If a tenant has given a termination notice to the landlord, hasn’t withdrawn the notice and hasn’t moved out of the property, then the landlord can apply to the Tribunal for a termination order.

Withdrawal of termination notice

A landlord may withdraw a termination notice for a residential tenancy agreement at any time with the consent of the tenant. They may still give a further notice on the same ground or on a different ground.

Disputes about ending an agreement

Landlords (or agents) and tenants should try to resolve disputes together. This means they should try to reach an agreement between themselves, where possible.

If a tenant doesn’t move out by the termination date stated in a termination notice given by a landlord or agent, the landlord can apply to the Tribunal to have them evicted. The landlord or agent must follow the lawful process for eviction.

A tenant can apply to the Tribunal to challenge a termination notice if the landlord or agent has:

• not followed the correct process for giving a termination notice
• given false or misleading supporting documents with a termination notice, or
• ended the tenancy using a ground that is not genuine.

Landlords, agents and tenants can contact NSW Fair Trading for information about ending a tenancy.

Tenants can also lodge a complaint using Fair Trading's online complaint service if their tenancy was ended using a ground that is not genuine or if they were given false or misleading information.

The NSW Rental Taskforce is working to prevent and act on breaches of rental laws and is focused on compliance with lawful terminations.

Get help with resolving rental disputes.