When a landlord or agent issues a termination notice to end a residential tenancy agreement, they must also give the tenant this Termination Information Statement. It explains the landlord’s obligations and the tenant’s rights under the Residential Tenancies Act 2010 (the Act).
Ending a tenancy
A tenancy agreement is legally binding and can only be ended in specific ways and for certain reasons under the Act.
If a landlord wishes to end a tenancy, they must provide a written termination notice, except in limited situations where they can apply directly to the NSW Civil and Administrative Tribunal (NCAT).
The termination notice must:
- Be in writing and signed by the landlord or agent
- Include the property address
- State the date the tenant must move out
- Explain the reason for termination
- Attach supporting documents if required
Reasons a landlord may give a termination notice
A landlord can issue a termination notice if:
- The tenant has breached the agreement (e.g. unpaid rent or utilities)
- The property has been sold or is for sale as vacant
- The property requires major renovations, repairs, or will be demolished
- The property will no longer be rented or will be occupied by the landlord or their family
- The tenant is no longer a student (student accommodation)
- The tenant is no longer eligible for social, affordable, or transitional housing
- The tenant in social housing refused an alternative property or breached an acceptable behaviour agreement
- An affordable housing or transitional program has ended
- The property is part of a key worker housing scheme and needed for key workers
- The tenancy was linked to employment or caretaking and that role has ended
- The tenant has passed away and their legal representative holds the tenancy
- The agreement is “frustrated” (e.g. the property becomes uninhabitable)
- The tenant no longer resides in the property and other occupants are required to leave
Landlords may face significant penalties if a termination notice is issued for reasons that are not genuine.
Supporting documents
For some reasons, the landlord must attach evidence to the termination notice, including when:
- The property is sold or listed for sale as vacant
- It must be vacant for significant renovations or repairs
- It will be demolished
- It will no longer be used as a rental property
- It will be occupied by the landlord or their family
Details of required documents are set out at the end of this statement.
Disputing a termination notice
If you believe there is an issue with the termination notice, you can:
- Contact the landlord or agent to resolve it directly
- Apply to NCAT if you believe the notice:
- Was not issued properlyIs based on false or non-genuine groundsIs retaliatory (e.g. given because you requested repairs)
You may also seek free, independent advice from a Tenants Advice and Advocacy Service (see tenants.org.au).
Fair Trading NSW can provide further information, accept complaints, and investigate if a termination notice was given for false or misleading reasons.
Notice periods
The termination notice must state the date you are required to vacate. Notice periods depend on the type of agreement and the reason for termination:
- Periodic agreements: generally at least 90 days’ notice
- Fixed-term agreements: usually 60–90 days’ notice, but not before the fixed term ends
- Breach of agreement: shorter notice periods may apply