NSW Eviction Rules 2026: No-Cause Eviction Removed and Lawful Grounds Explained

What Changed

NSW's grounds-based termination rules took effect on 19 May 2025, replacing the historic ability to end a residential tenancy without providing a reason. The era of "no-cause" terminations is over.

Under the previous regime, a landlord could issue a termination notice at the end of a fixed-term lease or during a periodic tenancy without stating a reason. That mechanism has been removed. A landlord termination notice must now cite a specific statutory ground.

The Lawful Grounds That Remain

To end a tenancy, you must rely on one of the grounds prescribed in the Residential Tenancies Act 2010. The main categories include:

Property-related grounds:

• The landlord intends to sell the property (with conditions and notice periods)
• The landlord or an immediate family member intends to move into the property
• Major renovations or demolition that require the property to be vacant
• The property is to be converted to a non-residential use

Tenant conduct grounds:

• Rent arrears (specific thresholds apply)
• Breach of the tenancy agreement that has not been remedied after a breach notice
• The tenant has caused or permitted serious damage to the property
• The tenant has used the premises for an illegal purpose
• Serious damage, injury, persistent threats or abuse, intentional intimidation or harassment, or illegal use of the premises (some of these grounds require an NCAT termination order)

Other grounds:

• The fixed term has ended, but expiry alone is not a ground: the landlord still needs a statutory reason to end the tenancy
• The property is social housing and the tenant no longer qualifies

Each ground carries its own notice period, evidentiary requirements, and procedural steps. You cannot simply pick a ground that sounds convenient — NCAT will scrutinise whether the stated ground is genuine and whether you have followed the correct procedure.

What This Means in Practice

The practical impact is procedural rigour. Before these changes, a landlord who wanted to end a tenancy for any reason — selling, renovating, or simply wanting a different tenant — could issue a 90-day no-grounds notice without explanation. Now, every termination requires:

1. A genuine reason that fits a prescribed ground
2. The correct notice form and notice period for that ground
3. Evidence supporting the reason (sale listing, renovation plans, family need)

If the tenant challenges the termination at NCAT, you must demonstrate that the ground is genuine. Under some grounds, including a proposed sale with vacant possession, you cannot rent out the property during the re-letting exclusion period unless NSW Fair Trading approves an earlier re-let. Renting during an exclusion period is an offence.

Notice Periods

Notice periods vary by ground and by whether the tenancy is fixed-term or periodic. Some examples:

• Landlord moving in: 60 days for a fixed term of 6 months or less; 90 days for a longer fixed term or a periodic tenancy
• Proposed sale with vacant possession: 60 days for a fixed term of 6 months or less; 90 days for a longer fixed term or a periodic tenancy. An actual sale requiring vacant possession has a 30-day notice period
• Rent arrears: 14 days' notice after the rent or other specified charges have been unpaid in breach for at least 14 days
• Breach of agreement: 14 days' notice; the applicable remedy steps depend on the breach and statutory ground

Always check the current notice periods before issuing any termination notice. These are prescribed by the Act and Regulation, and using the wrong period invalidates the notice.

The Compliance Connection

The removal of no-cause evictions changes the landlord-tenant dynamic on maintenance and minimum standards. Previously, a tenant who reported repair issues aggressively could receive a retaliatory no-grounds notice. That lever is gone.

Tenants now have greater security of tenure and less reason to tolerate substandard conditions quietly. If your property does not meet the Section 52 minimum standards — structural soundness, lighting, ventilation, electricity, plumbing, water, bathroom facilities — tenants are more likely to escalate through NCAT rather than quietly vacating.

Maintaining your property to the statutory standard is no longer just a legal obligation — it is the foundation of a stable, long-term tenancy that does not end up at the Tribunal.

The Rental Minimum Standards in New South Wales guide covers the full Section 52 compliance framework with checklists, inspection protocols, and documentation templates for landlords who want to stay ahead of both the minimum standards and the evolving tenancy rules.

See more New South Wales guides →