NSW Renovation and Demolition Termination Notice: Landlord Requirements

Planning major renovations or a demolition on a tenanted NSW property requires more than a builder's quote and good timing. The Residential Tenancies Act 2010 imposes specific evidence requirements for both grounds — and a statutory block that can kill the notice before it is even served.

Significant Repairs or Renovations

This ground applies when the planned works are significant and the premises must be vacant for the work to be carried out properly. A kitchen refit with the tenant still in the spare bedroom does not qualify if the property can remain occupied while the work is done properly.

Notice period: 60 days (fixed-term lease ≤ 6 months) or 90 days (periodic / fixed > 6 months). The vacate date during a fixed term cannot fall before the lease expires.

Evidence required: A signed, dated written statement from the landlord that covers three things:

1. The nature and scope of the planned works
2. Why the premises cannot be safely occupied during the works
3. Confirmation that works will commence within 2 months of the vacate date

The June 2025 regulation amendment (Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025) simplified the evidence rules. Previously, landlords needed trade quotes, contracts, or owner-builder permits. Now the signed landlord statement is sufficient — though having supporting documentation (DA approval, builder's contract) strengthens the position if the notice is challenged at NCAT.

Re-letting restriction: 4 weeks from the termination date.

The Repair Order Block

Section 87F(2) of the Act creates an absolute block: a landlord cannot serve a significant-renovation termination notice if an NCAT repair order under section 65(2) or an NSW Fair Trading rectification order under section 65C is in force against the property.

The purpose is blunt — it prevents landlords from using fabricated renovation grounds to evict tenants who have complained about disrepair. If a repair order exists, the landlord must comply with it and resolve the outstanding maintenance before any renovation-based termination notice can be served.

This is not a discretionary check. If a notice is served while a repair order is active, it is invalid from the moment it is issued, regardless of the landlord's genuine renovation intentions.

Demolition

Demolition is a separate statutory ground with heavier evidence requirements.

Notice period: 60 days (fixed ≤ 6 months) or 90 days (periodic / fixed > 6 months).

Evidence required:

1. A signed, dated statement from the landlord confirming demolition will start within 2 months after the termination date
2. A copy or partial copy of the demolition contract, including the contractor's licence number if the work requires a licence
3. Development consent or a development control order, if required for the demolition

The statement and contract must be attached to the termination notice. Attach development consent or a control order when required. Planning approval alone does not authorise the landlord to take possession — it is evidence supporting the notice, not an eviction order. Only NCAT (if the tenant does not vacate) and the NSW Sheriff (if the tenant does not comply with a Tribunal order) can enforce possession.

Re-letting restriction: 6 months from the termination date.

The 2-Month Commencement Window

For both significant renovations or repairs and demolition, work must start within 2 months after the termination date. If the landlord serves a 90-day notice, the work needs to start within roughly 5 months of the notice being served. If planned work does not start within the required window, the basis for the termination may be challenged. The mandatory Rental Bonds Online survey records the landlord's stated reason for ending the tenancy; it does not change the commencement requirement.

Getting the Notice Right

A renovation or demolition notice that omits the Termination Information Statement, lacks required evidence, or is served while a repair order is active can be invalid. The landlord may need to serve a fresh notice with the full notice period. 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 Ending a Tenancy in NSW guide includes an evidentiary attachment audit for both grounds, plus the section 87F(2) repair-order check, so the notice is complete before it goes out.

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