Ending a tenancy in NSW requires landlords and property managers to follow specific rules around valid grounds and notice periods. The amount of notice required depends on why the tenancy is ending, the type of tenancy agreement and, in some cases, the length of the fixed-term agreement.
Understanding the requirements can help avoid delays, disputes and the risk of issuing an invalid termination notice.
Using the correct notice
Most grounds for ending a tenancy in NSW require the landlord or property manager to provide the tenant with a formal termination notice. The notice must be issued with the correct notice period and identify the relevant ground for ending the tenancy.
Landlords can choose to provide more notice than the minimum required, but cannot provide less.
It’s also important to remember that landlords generally cannot end a fixed-term agreement early unless a specific ground under NSW tenancy legislation allows them to do so.
Notice periods for landlords
The required notice period depends on the reason for ending the tenancy, the type of agreement in place and, for some fixed-term agreements, the length of the agreement.
Proposed sale of the property
If a landlord intends to sell the property, they may end the tenancy by providing:
- 60 days’ notice for a fixed-term agreement of 6 months or less
- 90 days’ notice for a fixed-term agreement of more than 6 months
- 90 days’ notice for a periodic agreement
Property has been sold
If the property has actually been sold, the landlord can generally provide 30 days’ notice to end the tenancy.
If you’re planning to sell a tenanted property, it’s important to speak with your property manager early to understand the requirements and how the sale may affect the existing tenancy.
Significant renovations or repairs
If significant renovations or repairs are planned and the property needs to be vacant for the work to take place, a landlord may be able to end the tenancy by providing:
- 60 days’ notice for a fixed-term agreement of 6 months or less
- 90 days’ notice for a fixed-term agreement of more than 6 months
- 90 days’ notice for a periodic agreement
Landlord or family member moving in
A landlord may be able to end a tenancy if they or a member of their family intends to move into the property.
The required notice period is generally:
- 60 days for a fixed-term agreement of 6 months or less
- 90 days for a fixed-term agreement of more than 6 months
- 90 days for a periodic agreement
Change of use
If the landlord intends to change the use of the property, they may be able to end the tenancy by providing:
- 60 days’ notice for a fixed-term agreement of 6 months or less
- 90 days’ notice for a fixed-term agreement of more than 6 months
- 90 days’ notice for a periodic agreement
Breach of the tenancy agreement
If a tenant breaches the terms of their tenancy agreement, a landlord may be able to take steps to end the tenancy.
A 14-day notice period generally applies to certain breaches, including non-payment of rent, water usage charges or utility charges, provided the relevant requirements have been met.
The correct process must be followed, and some circumstances may require an application to the NSW Civil and Administrative Tribunal (NCAT).
Property is unusable
If a rental property becomes completely or partially unusable, the tenancy may be able to end immediately in certain circumstances.
This can apply where the property becomes unusable through circumstances outside the control of the landlord and tenant. Specific requirements apply, so landlords should seek advice before relying on this ground.
Other grounds for ending a tenancy
NSW tenancy legislation also provides other grounds for ending a tenancy, including:
- student accommodation
- affordable housing schemes
- transitional housing programs
- key worker accommodation schemes
- certain social housing circumstances
- the death of a sole tenant
- the end of an employee or caretaker agreement.
The notice period will vary depending on the circumstances. Some grounds require 14 days’ notice, while others require 30, 60 or 90 days. Some situations may also require an application to NCAT.
These are not the only circumstances in which a landlord may be able to end a tenancy.
Can a landlord end a tenancy without grounds?
No. NSW landlords generally cannot end a tenancy without a valid reason.
Changes to NSW tenancy laws that came into effect on 19 May 2025 limited the reasons landlords can use to end a tenancy. This means a landlord cannot simply end a tenancy because a fixed-term agreement has reached its expiry date. A valid ground for termination must apply.
Landlords and property managers should make sure the correct ground and notice period apply before issuing a termination notice.
Can a landlord end a fixed-term tenancy early?
Generally, no. A landlord cannot end a fixed-term agreement before its expiry date unless a specific ground under NSW tenancy legislation allows them to do so.
Certain breaches of the tenancy agreement, non-payment of rent and other specific circumstances may allow a landlord to end a fixed-term tenancy early, provided the relevant requirements are met.
If you’re considering ending a fixed-term tenancy early, it’s important to speak with your property manager before taking action.
Ending a tenancy by agreement
A landlord and tenant can agree to end a tenancy at any time, including before the end of a fixed-term agreement.
If both parties agree to end the tenancy early, the arrangement should be confirmed in writing. This should clearly set out the agreed date the tenancy will end and any other relevant arrangements.
What happens if the tenant doesn’t leave?
If a tenant remains in the property after a valid termination notice has expired, the landlord may need to apply to NCAT for an order to terminate the tenancy and/or regain possession of the property.
Landlords should not attempt to remove a tenant themselves or change the locks. The appropriate legal process must be followed.
Your property manager can help guide you through the next steps if a tenant does not vacate as required.
Need help?
Understanding which notice period applies can be confusing, particularly when different requirements apply depending on the reason for ending the tenancy and the type of agreement in place.
If you’re considering selling your property, moving into it, carrying out significant renovations or ending a tenancy for another reason, speak with your property manager before issuing a termination notice.
At PMC Property Management, our team can help you understand your obligations and navigate the tenancy process to ensure the correct steps are followed.
FAQs
Can a landlord end a tenancy without a reason in NSW?
Generally, no. Landlords must have a valid ground for ending a tenancy and provide the required notice. Since changes came into effect on 19 May 2025, landlords can no longer simply end a tenancy without a valid reason, including when a fixed-term agreement reaches its end date.
How much notice does a landlord have to give a tenant in NSW?
The notice period depends on the reason for ending the tenancy, the type of agreement and, for some fixed-term agreements, the length of the agreement. For example, a proposed sale generally requires 60 or 90 days’ notice, while an actual sale generally requires 30 days’ notice. Certain breaches and non-payment of rent may require 14 days’ notice where the relevant requirements have been met.
Can a landlord end a fixed-term lease early?
Generally, no. A landlord can only end a fixed-term tenancy early where a specific ground under NSW tenancy legislation allows them to do so. The correct process and notice requirements must be followed.
What notice does a landlord need to give to end a tenancy?
The required notice depends on the reason for ending the tenancy. Landlords must provide a valid termination notice that identifies the relevant ground and gives the tenant at least the minimum notice period required by law.
What happens if the wrong notice period is given?
If the required notice period isn’t provided or the termination notice does not meet the relevant legal requirements, the notice may be invalid. This can delay the end of the tenancy and may result in a dispute or an application to NCAT.
Can a landlord and tenant agree to end a tenancy early?
Yes. A landlord and tenant can agree to end a tenancy at any time, including before the end of a fixed-term agreement. Any agreement should be confirmed in writing, including the agreed termination date and any other relevant arrangements.
Please note: This article provides general information only and should not be considered legal advice. NSW tenancy laws can change, and specific circumstances may have different requirements. Landlords should refer to the latest information from NSW Fair Trading or seek independent legal advice where appropriate.