Guarantee of tenancy continuing

There is a ‘general guarantee’ that a tenancy cannot be terminated due to late payment if:

• a tenant catches up with payment of rent owing and any outstanding utility charges, or
• a tenant is following a repayment plan agreed with the landlord.

If this happens after:

• a landlord has applied to the NSW Civil and Administrative Tribunal (NCAT), then the Tribunal cannot make a termination order and the tenancy will continue
• the Tribunal has given a termination order and the tenant has not vacated the property, the tenancy will continue. This means a landlord will not be able to enforce the order even if they already obtained a warrant for possession.

Exception when tenant frequently pays late

The exception to this is where the tenant frequently pays rent or other utility charges late. In that case, the Tribunal can make an order that a tenancy will definitely end, even if the tenant pays the charges they owe.