NSW Prescribed Grounds for Termination: Every Lawful Reason a Landlord Can End a Tenancy

Since 19 May 2025, a landlord ending a residential tenancy under the current rules must use a specific ground under the Residential Tenancies Act 2010. Serving a notice on a ground that is not genuine is an offence under section 86. Giving false or misleading supporting documents or information is separately prohibited under section 85(2).

Here is every ground the Act recognises, what evidence each one demands, and which ones come with a re-letting restriction afterwards.

Non-Fault Grounds (Property Reasons)

These grounds relate to the landlord's plans for the property, not anything the tenant has done. For all of them, the vacate date during a fixed term cannot fall before the final day of that term.

Actual sale of property — a signed contract for sale requiring vacant possession is already in place. Evidence: an extract of the signed contract or a solicitor's letter confirming the sale, buyer, settlement date and vacant possession clause. Notice: 30 days. No re-letting restriction.

Proposed sale of property — the landlord intends to sell with vacant possession but has not yet exchanged contracts. Evidence: a draft contract for sale with mandatory Conveyancing Act 1919 attachments, or a signed sales agency agreement with a licensed agent. Notice: 60 days (fixed term ≤ 6 months) or 90 days (periodic / fixed > 6 months). Six-month re-letting restriction.

Landlord or family occupation — the landlord or a qualifying family member intends to live in the property as their principal residence for at least 6 continuous months. Qualifying family includes a spouse or de facto partner; the landlord's or their partner's grandparents, parents, aunts or uncles, siblings, children, grandchildren, nieces or nephews, or first cousins; and a dependent of the landlord who normally lives with them. Evidence: a signed, dated written statement from the landlord; if a family member is moving in instead of the landlord, a separate statement from that person confirming the relationship and 6-month commitment. Notice: 60 or 90 days. Six-month re-letting restriction (except re-letting to a family member).

Significant repairs or renovations — works substantial enough that the premises must be vacant for them to be carried out properly, with work planned to begin within 2 months after the termination date. Evidence: a signed landlord statement explaining why the works are significant, why the premises must be vacant, and the planned start date. Notice: 60 or 90 days. Four-week re-letting restriction. Section 87F(2) prevents this notice while an NCAT order under section 65(2) or a Fair Trading rectification order under section 65C is in force.

Demolition — the premises will be demolished, with work starting within 2 months after the termination date. Evidence: a signed, dated landlord statement confirming the start window and a copy of the demolition contract; provide development consent or a development control order if required for the demolition. Notice: 60 or 90 days. Six-month re-letting restriction.

Change of use / exit rental market — the property is being withdrawn from the residential rental market for at least 12 months (conversion to commercial use, STRA registration, personal storage). Evidence: a signed statement stating the intended use and confirming the property will not be used as a rental home for 12 months. For business use, also provide the business ABN, relevant development consent, or licence number; for short-term rental accommodation, provide proof of registration on the NSW STRA Register. Notice: 60 or 90 days. Twelve-month re-letting restriction.

Fault Grounds (Tenant Conduct)

These grounds can be used during a fixed term — they are not tied to the lease expiry date.

Rent arrears — rent or utility charges overdue by at least 14 days. Evidence: a detailed rent ledger showing the arrears. Notice: 14 days. Under section 89, the tenancy generally continues if the tenant pays all outstanding rent and charges or follows an agreed repayment plan before vacating, even if a warrant has been issued. The frequent-late-payment exception can still allow the tenancy to end.

General breach of agreement — the tenant has breached a term of the lease (other than rent). Evidence: documentary proof of the breach — inspection photos, breach notices, council correspondence. Notice: 14 days.

Serious damage, injury, abuse or illegal use — serious property damage or injury, threats or abuse, or the premises used for illegal purposes. No notice required — the landlord applies directly to NCAT under sections 90, 91 or 92 for a termination order. Evidence: police reports, medical records, witness statements, contractor damage assessments, or photographic/video evidence.

Other Statutory Grounds

Frustration / uninhabitable premises — the property has been destroyed or rendered unliveable by fire, flood or compulsory acquisition. No notice period — immediate termination.

Death of sole tenant — evidence: official death certificate or confirmation from the tenant's legal representative.

Undue landlord hardship — requires a direct NCAT application with comprehensive financial or medical evidence. The Tribunal sets the termination date.

Student accommodation ineligibility — applies to purpose-built student accommodation if the tenant is no longer a student. Notice: 60 days for a fixed term of 6 months or less, or 90 days for a longer fixed term or periodic agreement.

Key worker accommodation — applies to a property in a NSW Government key worker scheme if the tenant was told before signing the lease that the property is in the scheme and the lease could end if needed for a key worker. Notice: 60 or 90 days.

Affordable/transitional housing ineligibility — evidence explaining why the tenant is no longer eligible or the program has ended. Notice: 60 days for a fixed term of 6 months or less, or 90 days for a longer fixed term or periodic agreement.

Employee/caretaker tenancy expiry — notice of employment termination. Notice: whichever is longer, 30 days or the notice period in the employee or caretaker agreement.

Social housing providers also have specific grounds, including a tenant no longer being eligible (60 days), refusing alternative premises (30 days), or breaching/refusing an acceptable behaviour agreement (14 days).

For a long-term tenancy of 20 years or more, the landlord generally needs an NCAT order; the Tribunal must give the tenant at least 90 days to leave. A landlord may also give a 14-day notice to remaining occupants after the named tenants have left.

Re-Letting Restrictions Summary

Entering into a new residential tenancy agreement during the restriction period without a Fair Trading exemption is an offence. If a change in circumstances beyond the landlord's control prevents the stated reason from being carried out, the landlord must apply to NSW Fair Trading before entering into a new agreement.

Getting the Evidence Right

The most common reason NCAT dismisses a landlord's possession application is defective evidence. The Ending a Tenancy in NSW guide includes an evidentiary attachment audit matrix that maps each ground to its exact documentary requirements, so nothing gets missed before the notice goes out.

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