NSW Landlord Termination Notice Periods: Complete Table for Every Ground
Every notice period under the Residential Tenancies Act 2010 (NSW) depends on the ground for termination and the type of agreement. Getting either one wrong can make the notice defective; section 113 allows NCAT to make an order despite a notice or service defect only if it considers that appropriate and is satisfied the tenant suffered no disadvantage or any disadvantage has been overcome.
The Full Notice Period Table
| Ground | Periodic agreement | Fixed term > 6 months | Fixed term ≤ 6 months |
|---|---|---|---|
| Actual sale (signed contract) | 30 days | 30 days | 30 days |
| Proposed sale | 90 days | 90 days | 60 days |
| Landlord/family occupation | 90 days | 90 days | 60 days |
| Significant repairs/renovations | 90 days | 90 days | 60 days |
| Demolition | 90 days | 90 days | 60 days |
| Change of use (exit rental market) | 90 days | 90 days | 60 days |
| Student accommodation ineligibility | 90 days | 90 days | 60 days |
| Key worker accommodation scheme | 90 days | 90 days | 60 days |
| Affordable/transitional housing ineligibility | 90 days | 90 days | 60 days |
| Social housing — tenant no longer eligible | 60 days | 60 days | 60 days |
| Social housing — alternative premises refused | 30 days | 30 days | 30 days |
| Social housing — acceptable behaviour agreement breached or refused | 14 days | 14 days | 14 days |
| Employee/caretaker tenancy expiry | Whichever is longer: 30 days or the agreement notice period | Whichever is longer: 30 days or the agreement notice period | Whichever is longer: 30 days or the agreement notice period |
| Occupant remaining after tenants leave | 14 days | 14 days | 14 days |
| Rent arrears (≥ 14 days overdue) | 14 days | 14 days | 14 days |
| General breach | 14 days | 14 days | 14 days |
| Serious misconduct (ss.90–92) | None — direct NCAT application | None | None |
| Frustration/uninhabitable | Immediate | Immediate | Immediate |
| Death of sole tenant | Immediate | Immediate | Immediate |
| Undue hardship | Set by NCAT | Set by NCAT | Set by NCAT |
| Long-term tenancy (20+ years) | NCAT order; at least 90 days | NCAT order; at least 90 days | NCAT order; at least 90 days |
The Fixed-Term Rule
The notice period tells you the minimum number of days between service and the vacate date. But during a fixed term, there is an additional constraint: for non-fault grounds (sale, occupation, renovation, demolition, change of use), the vacate date cannot fall before the last day of the fixed term.
In practice, this means:
- A periodic agreement with a 90-day proposed sale notice — the tenant must vacate 90 days after service
- A 12-month fixed-term lease with 10 months remaining and a 90-day proposed sale notice — the tenant does not have to vacate until month 12, regardless of when the notice was served
The notice is still valid if served early — it just cannot compel the tenant to leave before the fixed term expires. Many landlords serve the notice months ahead to ensure the termination is already set up when the lease end date arrives.
Fault grounds (rent arrears, breach, serious misconduct) are not bound by the fixed-term limit. A 14-day arrears notice during month 3 of a 12-month lease can set a vacate date in month 3 — the lease does not protect a tenant who is not meeting their obligations.
Periodic Agreements After May 2025
Before 19 May 2025, a landlord could end a periodic tenancy with 90 days' notice and no reason. That is gone. Periodic agreements now require a specific prescribed ground with evidence, exactly like fixed-term leases. The notice periods for periodic agreements are identical to those for fixed terms longer than 6 months — 90 days for non-fault grounds, 14 days for breach/arrears.
A tenancy that started as a fixed-term lease and continued past its expiry date is now a periodic agreement under section 18 of the Act. It does not end automatically — the landlord must serve a termination notice on a prescribed ground to end it.
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How Postal Service Extends the Timeline
The notice period starts on the day after service. But if the notice is sent by post, section 223 of the Act requires adding 7 working days for postal delivery before the clock starts.
Working days exclude weekends and NSW public holidays. For a 90-day notice sent by post on a Friday:
- Count 7 working days forward (skipping weekends and public holidays) — the deemed service date
- Day 1 of the 90-day period is the day after deemed service
- The earliest vacate date falls 90 calendar days from Day 1
For a 14-day arrears notice sent by post, the postal buffer nearly doubles the effective timeline: 7 working days + 14 calendar days = roughly 3½ weeks minimum.
Electronic service (email) avoids the postal buffer but requires the tenant to consent to email service and specify the address for receiving notices or documents of that kind. Use the specified address; ordinary email correspondence alone does not establish consent to serve formal notices.
The Service Date Calculator
The Ending a Tenancy in NSW guide includes a service date calculator worksheet that accounts for postal working days, public holidays, and the fixed-term floor — so the vacate date in the notice holds up at NCAT.
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