$0 New South Wales Ending a Tenancy Checklist

NSW Re-Letting Restriction Period: What Landlords Cannot Do After Termination

Ending a tenancy in NSW on a non-fault ground does not mean the landlord can immediately enter into another residential tenancy agreement. Most grounds trigger a re-letting exclusion period — a statutory ban on entering a new residential tenancy agreement for the property. Breaching it is an offence.

Which Grounds Trigger a Restriction

Ground Re-letting restriction
Significant repairs/renovations 4 weeks
Proposed sale 6 months
Landlord/family occupation 6 months
Demolition 6 months
Change of use (exit rental market) 12 months
Actual sale (signed contract) None
Rent arrears / breach None
Serious misconduct / hardship / death / frustration None

The exclusion period starts on the termination date listed in the notice.

What the Restriction Actually Prohibits

During the exclusion period, the landlord cannot:

  • Enter into a new residential tenancy agreement for the property

The restriction applies to residential re-letting specifically. If the property was terminated on change-of-use grounds (converting to commercial premises or STRA), using it for that declared purpose is the whole point — the restriction prevents residential re-letting, not the stated alternative use.

The Family Member Exception

When a tenancy is terminated for landlord or family occupation, the landlord can rent the property to a family member within the 6-month exclusion period. This exception does not require Fair Trading approval.

Re-letting to someone who is not the landlord's family member remains restricted.

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NSW Fair Trading Exemptions

If a change in circumstances beyond the landlord's control prevents the reason for ending the tenancy from being carried out, the landlord must apply to NSW Fair Trading before entering into a new agreement during the exclusion period. The application is assessed only after the property is vacant.

Fair Trading evaluates the evidence and may grant an exemption allowing early re-letting. The circumstances must be genuine, unforeseen, and supported by documentation (medical certificates, collapsed settlement correspondence, evidence of changed circumstances). A change of heart or a better financial opportunity is unlikely to qualify.

The Mandatory End-of-Tenancy Survey

Since 1 July 2025, landlords or agents must complete an end-of-tenancy survey when claiming or releasing a bond through Rental Bonds Online. The survey asks who ended the tenancy, how it ended and, if the landlord ended it, why.

NSW Fair Trading uses the responses to understand how and why tenancies end, and publishes data insights annually.

Penalties

Entering into a new residential tenancy agreement during the exclusion period without Fair Trading approval is an offence under the Residential Tenancies Act 2010, carrying statutory monetary fines. A tenant can also make a complaint to NSW Fair Trading about re-letting during an exclusion period.

Planning Around the Restriction

The restriction period is predictable — it is set by the ground, and it starts from a known date. The Ending a Tenancy in NSW guide includes a re-letting exclusion tracker that maps the restriction period for each ground, so the timeline is clear before the notice is even served.

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