NSW Termination Information Statement: What Landlords Must Attach to Every Notice

What Is the Termination Information Statement?

The Termination Information Statement is a prescribed document published by NSW Fair Trading that must accompany every landlord termination notice served under the Residential Tenancies Act 2010. Since the abolition of no-grounds terminations on 19 May 2025, this statement is one of six mandatory elements that make a notice legally valid.

The statement tells the tenant three things: which statutory grounds exist under the current law, what penalties apply to landlords who serve non-genuine notices under section 86, and how the tenant can challenge the notice at NCAT. It also lists contact details for NSW Fair Trading, LawAccess NSW, and local Tenants Advice and Advocacy Services.

You don't draft this document yourself. Fair Trading publishes the current version, and you attach it as-is.

Why Missing It Kills Your Notice

NCAT has discretionary power under section 113 to overlook minor formal defects in a termination notice — a misspelled street name, for instance — provided the tenant suffered no material disadvantage. But the complete omission of the Termination Information Statement is treated as a fatal invalidity.

If you apply to NCAT for a possession order and the Tribunal Member discovers the statement was never attached, the application is dismissed. You then need to issue a fresh notice with the statement included, restart the entire notice period from Day 0, and refile at NCAT — paying another $64 filing fee for an individual residential proceeding ($16 reduced fee), or $128 for a corporate landlord, as at 1 July 2026, and absorbing weeks or months of additional holding costs.

This is the single most common procedural error that self-managing landlords make. Licensed agents have the statement built into their form libraries; self-managers often don't know it exists until NCAT rejects their application.

Where to Get the Current Version

The statement is available on the NSW Fair Trading website under the housing and construction section. Search for "Termination Information Statement" or navigate through the landlord ending a tenancy pages.

Download the current PDF version — don't rely on an old copy from a previous tenancy. The statement was updated when the prescribed grounds framework commenced in May 2025, and Fair Trading may update it again as further regulations commence.

Print a fresh copy for every notice you serve. If you serve multiple notices over time (for example, if a first notice is withdrawn by mutual agreement and you later need to serve again on a different ground), attach a current copy each time.

How It Fits into the Notice Package

A valid NSW termination notice contains six elements:

1. Written form, signed and dated by the landlord or licensed agent
2. Full address of the residential premises
3. Exact calendar vacate date
4. The specific statutory ground under the Act
5. The Termination Information Statement (this document)
6. Ground-specific supporting evidence (contract of sale extract, signed landlord statement, rent ledger, etc.)

The statement is element five. It sits between the notice itself and whatever ground-specific evidence you're attaching. Keep it as a separate document — don't fold its text into your notice letter.

Practical Tips for Self-Managing Landlords

Keep a service log entry for the statement. When you record proof of service (date, time, delivery method, recipient), note explicitly that the Termination Information Statement was included. If NCAT asks for proof of service, you can demonstrate the complete package was delivered.

Don't modify the statement. It's a prescribed document. Adding your own commentary, crossing out sections, or attaching an edited version could give grounds for challenge. Attach the Fair Trading PDF exactly as published.

Electronic service requires written consent. If you're serving the notice by email — which requires the tenant's prior written consent under section 223 — attach the statement as a PDF to the email. Keep the sent email with headers showing the attachment was included.

Our Ending a Tenancy in NSW guide walks through the complete notice package for every prescribed ground, with an evidentiary attachment audit that tells you exactly what to attach alongside the Termination Information Statement for each ground.

See more New South Wales guides →