Landlord ending a tenancy with or without grounds

Key information

• In most cases when a landlord or agent wants to end a tenancy agreement, they must give the tenant a termination notice.
• If a tenant has been given a termination notice, the notice will specify a termination date.
• The tenancy ends once a tenant gives vacant possession of the premises to the landlord or agent - that is, when the tenant moves out and returns the keys.
• If a tenant does not vacate by the day specified in the notice, the landlord can then apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination order.
• A termination order ends the tenancy on a specified date and requires the tenant to give vacant possession by that date.

How to give a termination notice

A termination notice must:

• be in writing
• be signed and dated by the party giving the notice
• include the address of the rented property
• state the day the tenancy agreement is terminated (and by which the tenant will need to move out), and
• include the reasons for termination (if applicable).
• Termination notices do not have to line up with the rent payment cycle.

The landlord/agent must give the notice to a tenant:

• in person
• by post
• by email (to an email address a tenant has specified for documents of that kind)
• or by hand in an addressed envelope to a mailbox at a home or business address.

A landlord may write the notice themselves or use our template:

• Sample termination notice for landlords and agents

How much notice a landlord must give to end an agreement

The notice period depends on the type of tenancy agreement (fixed term or periodic) and the grounds for termination (if any).

Note: If a termination notice is posted to a tenant, the landlord or agent must allow an extra 7 working days for delivery.

Learn more about giving notice to end a tenancy.

Types of agreement

• A fixed-term agreement is for a specified period (e.g. 6 months).
• A periodic agreement is one without a fixed end date. Many fixed-term agreements become periodic agreements once the fixed term has expired.

Minimum notice periods for a landlord ending a tenancy

Fixed-term agreement

• No grounds: 30 days (at end of fixed term)*
• Sale of premises: 30 days (at end of fixed term)*
• Breach of agreement: 14 days

* Note: Does not apply where the tenant has occupied the property for 20 years or more. See information about long term tenancies on this page

Periodic agreement

• No grounds: 90 days*
• Sale of premises: 30 days
• Breach of agreement: 14 days

* Note: if it is a periodic employee or caretaker agreement, at least 28 days' notice or the notice period required by the agreement, whichever is longer.

See more about minimum notice periods for ending a tenancy.

When a landlord can end a fixed-term agreement early

In some situations, a landlord may be able to end the fixed-term agreement early.

This could be because:

• the property is unusable
• the tenant has breached the tenancy agreement
• the tenant has not paid the rent (a specific case of breaching the agreement)
• the landlord is experiencing undue hardship and has obtained a termination order from the Tribunal on that ground.

Note that these are not the only grounds on which a landlord can end a fixed term agreement early.

Immediate notice can be given if premises are unusable

A landlord or agent can give immediate notice to end the tenancy if the premises:

• are destroyed or become wholly or partly uninhabitable (for example, due to fire or flood), and this was not due to a breach of the agreement; or
• become no longer lawfully usable as a residence; or
• are acquired by an authority by compulsory process (such as building a road).

Termination for breach of agreement

Fixed-term and periodic agreements

If a tenant is in breach of a tenancy agreement - that is, they fail to meet their obligations under the agreement – the landlord or agent can give them a 14-day termination notice.

If the tenant does not vacate the premises by the termination date in the notice, the landlord or agent can apply to the Tribunal for a termination order.

If the tenant can show that they have fixed the breach, or taken steps towards this, the Tribunal may decide not to end the agreement.

Termination for non-payment of rent, water usage or other charges

If a tenant has breached the agreement solely by getting behind with the rent, or water usage and/or utility changes, the landlord or agent can give the tenant a non-payment termination notice.

The rent, water usage charges, and/or utility charges need to have been unpaid in breach of the agreement for at least 14 days before the landlord or agent can give the tenant this notice.

If a tenant gets such a notice, they are not required to vacate if:

• they pay all the rent, water usage and/or utility charges owing or
• they follow a repayment plan agreed with the landlord.

Termination for serious damage, injury, threats, abuse or use of the premises for an illegal purpose

A landlord or agent can apply to the Tribunal for a termination order without giving a termination notice on one or more of the following grounds:

• the tenant, the tenant’s guests, another occupant or their guests have caused or permitted:
  • serious damage to the premises or any neighbouring property (including any property available for use by the tenant in common with others)
  • injury to the landlord, agent, the landlord’s/agent’s employees or contractors, or the tenant’s neighbours
  • use of the premises for illegal purposes
• A tenant or another occupant has seriously or persistently threatened or abused the landlord, agent or the landlord’s/agent’s employees or contractors.

If the Tribunal makes a termination order on any of these grounds, it may order the tenant to give immediate possession of the premises to the landlord.

Termination for sale of premises

Fixed-term agreement

A fixed-term agreement cannot be terminated early because the premises are being sold. If the landlord has entered into a contract for sale that requires them to give vacant possession to the buyer, they can give the tenant a 30-day termination notice for this reason, but the termination date cannot be before the end of the fixed term.

Periodic agreement

If a landlord has entered into a contract for sale that requires them to give vacant possession to the buyer, they can give the tenant a 30-day termination notice.

Termination due to landlord hardship

A landlord can apply to the Tribunal for a termination order without giving a termination notice if they would suffer undue hardship if the tenancy continued. The Tribunal may make a termination order and may also order the landlord to compensate the tenant for loss of the tenancy.

More about experiencing hardship during a tenancy.

Terminating employee/caretaker, long-term or social housing tenancy agreements

Termination of employee or caretaker residential tenancy agreement

If an employer or landlord would like to terminate a periodic employee or caretaker residential tenancy agreement, they must give at least 28 days' notice or the notice period required by the agreement, whichever is longer.

Termination of long-term tenancy

A long term tenancy where the tenant has been in the property continuously for 20 years or more can only be ended by a Tribunal order.

The landlord can apply to the Tribunal for an order and the Tribunal can make the order if:

• the fixed term has expired and
• the Tribunal is satisfied that the order is appropriate in the circumstances of the case.

The Tribunal must give the tenant at least 90 days notice to vacate the premises.

Termination by social housing providers

A social housing provider can end a tenancy agreement on certain grounds other than those already outlined.

Information and support for landlords and agents on DCJ Housing website.

Grounds for termination without a termination notice

A landlord/agent can apply to the Tribunal for a termination order without giving a termination notice on one or more of the following grounds:

• the tenant, the tenant’s guests, another occupant or their guests have caused or permitted:
  • serious damage to the premises or any neighbouring (including any property available for use by the tenant in common with others)
  • injury to the landlord, agent, the landlord’s/agent’s employees or contractors, or the tenant’s neighbours
  • use of the premises for illegal purposes
• A tenant or another occupant has seriously or persistently threatened or abused the landlord, agent or the landlord’s/agent’s employees.

If the Tribunal makes a termination order on any of these grounds, it may order the tenant to give immediate possession of the premises to the landlord.

A landlord can also apply for a termination order without giving a termination notice if they would suffer undue hardship if the tenancy continued. The Tribunal may make a termination order (including any property available for use by the tenant in common with others). If it makes that order, it may also order the landlord to compensate a tenant for loss of the tenancy.

Termination without grounds

A landlord or agent can terminate a tenancy agreement without grounds. Different notice periods apply for fixed-term and periodic agreements.

Terminating a fixed-term agreement without grounds

A landlord or agent cannot end a fixed-term agreement without grounds before the last day of the term.

If a landlord or agent wants to end an agreement at the end of the fixed term, they must give at least 30 days’ notice.

If the tenant does not vacate the premises by the termination date, the landlord may apply to the Tribunal for a termination order. If the landlord has given proper notice, the Tribunal must make an order terminating the agreement.

However, a landlord cannot end a fixed-term agreement in this way where a tenant has been in possession of the premises for 20 years or more and the fixed term of the original fixed-term agreement under which the tenant occupied the premises has expired. In that case, the landlord can apply to the Tribunal for a termination order.

The Tribunal may make the termination order if it is satisfied that it is appropriate in the circumstances of the case. For a fixed term agreement, the termination date stated in that order cannot be before the end of the fixed term.

Terminating a periodic agreement without grounds

A landlord/agent can end a periodic agreement without grounds by giving 90 days’ notice. A different minimum notice period applies to termination of a periodic employee or caretaker residential tenancy agreement.

If the tenant does not vacate the premises by the termination date, the landlord may apply to the Tribunal for a termination order. If the landlord has given proper notice, the Tribunal must make an order terminating the agreement.

Withdrawal of termination notice

A landlord may withdraw a termination notice for a residential tenancy agreement at any time with the consent of the tenant. They may still give a further notice on the same ground or on a different ground.

Disputes about ending an agreement

Landlords (or agents) and tenants should try to resolve disputes together. This means they should try to reach an agreement between themselves, where possible.

The best place to start is to carefully read the terms of the agreement.

If the correct procedures have not been followed by a landlord or agent when issuing a termination notice, tenants can lodge a complaint using NSW Fair Trading's online complaint service for further help to resolve the matter.

Get help with resolving rental disputes.

Tenant leaving before termination notice date

Leaving a fixed-term agreement

A tenant may give vacant possession (move out) at any time before the termination date stated on a termination notice given by the landlord or agent.

A break fee may apply.

Leaving a periodic agreement

A tenant can give vacant possession (move out) and stop paying rent at any time before the termination date listed on the notice.

They are not required to give notice to the landlord or agent, but it is a good idea to tell them in writing.

If a tenant refuses to leave - eviction

If a tenant doesn’t move out by the termination date stated in a termination notice given by a landlord or agent, the landlord can apply to the Tribunal to have them evicted. The landlord or agent must follow the lawful process for eviction.