Eviction of a tenant from a rental property

If a tenant refuses to leave a rental property

If a tenant has been given the appropriate notice to vacate the rental property and has not left by the date specified in a termination notice, the landlord will need to apply to the NSW Civil and Administrative Tribunal (NCAT) for termination and possession orders.

A landlord may also be able to apply to the Tribunal for a termination order (and possession order) on certain grounds without giving a termination notice first.

If the tenant does not comply with the Tribunal order, only a Sheriff’s Officer can legally remove the tenant from the rental property under a warrant for possession issued by the Tribunal or a court.

Only a Sheriff’s Officer can enforce a warrant for possession.

A tenant cannot be locked out of their home unless a Sheriff’s Officer is enforcing a warrant for possession issued by the Tribunal or a court.

It is illegal for a landlord or agent to lock a tenant out of their home without following this process and heavy penalties apply. If a tenant has been locked out, they can contact NSW Fair Trading by phone or lodge a complaint online.

Retaliatory eviction

If a landlord or agent gives a termination notice to end a tenancy when a tenant tries to enforce their legal rights (such as asking for repairs or in some other circumstances), a tenant can apply to the Tribunal for an order that the termination notice was retaliatory and has no effect.

They must apply before the termination date in the notice and within:

• 30 days of getting a 90-day termination notice for a periodic agreement or
• 14 days for other termination notices.

If the landlord or agent has applied to the Tribunal for a termination order, a tenant can attend the hearing and argue that the application was retaliatory.

If the Tribunal does make a termination order, it will also make an order for possession.

If the tenant refuses to leave, a warrant for possession will apply.

No-grounds termination

‘No grounds’ terminations allow landlords to end a tenancy at the end of a fixed-term tenancy or during a periodic tenancy without giving any reason.

A landlord can evict a tenant without grounds with:

• 30 days’ notice at the end of their fixed-term agreement, or
• 90 days’ notice during a periodic agreement.