Notice to terminate your community housing lease

Receiving a notice to terminate your lease

If you breach your tenancy agreement or the Residential Tenancies Act you will receive a notice to terminate your lease. A breach may include: 

• non-payment of rent,
• illegal use of the property,
• serious and ongoing nuisance and annoyance.

The notice will include the breach and the date you need to either fix the breach or vacate the property.

If you do not fix the breach or vacate the property, we will:

• apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to terminate your tenancy
• ask you to provide vacant possession of the property.

If you receive a notice of termination, contact your client service officer as soon as possible to discuss the matter and how to resolve the issue.

Disagreeing with the notice

If you don’t agree with the reason for the notice of termination, contact your client service officer or one of these services for advice:

• Tenants’ Union of NSW: 1800 251 101
• NSW Fair Trading: 133 220
• Law Access NSW: 1300 888 529
• Tenants Advice and Advocacy Service: Local numbers provided

Reaching an agreement after receiving a notice

If there is a reasonable explanation for the breach we may be able to come to an agreement and avoid terminating your tenancy. It is important to contact us as soon as possible to talk about the situation.

Under the law, if you pay all the rent you owe or make and keep an agreement to repay your arrears, you may not have to vacate your property.

Expired notices

If the issue isn't resolved by the deadline, we will apply to NCAT for a hearing. At the hearing, we will seek an order to either enforce the agreement or end your tenancy and request vacant possession.

Attending a NCAT hearing?

If we are unable to reach an agreement, there will be an NCAT hearing. Attending a hearing is not compulsory. However, we strongly recommend you do attend because it is about your home. It is also an opportunity to talk to the Tribunal and give your side of the matter. Often a reasonable agreement can be reached at the hearing. If you feel you need support at the hearing, you can bring a friend or advocate who can act on your behalf.

At the meeting, the Tribunal Member will ask Homes NSW to present their case, and then they will ask you to present your case. The Tribunal Member will ask if we discussed the matter and reached a reasonable agreement.

The Tribunal Member will ask us to leave the hearing room and try to work out a reasonable agreement. This is a good time for everyone to talk to each other about the matter and try to resolve any issues. After talking to each other, everyone goes back into the hearing room where the Tribunal Member will ask how the discussion went.

After listening to both parties, the Tribunal Member will make a decision based on the facts and legislation. After the hearing, both parties will receive a copy of the order(s) made by the Tribunal.