Ending a tenancy in New South Wales (NSW)

Tenancy agreements can come to an end for a variety of different reasons, ranging from the lease reaching its natural conclusion to unexpected and early termination. You need to understand the necessary steps that need to be completed to ensure that the process of terminating a tenancy goes smoothly.

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Ending a tenancy in New South Wales (NSW) is regulated by the Residential Tenancies Act 2010. As a landlord, you must inform your tenant of their termination in writing with the applicable notice period. 

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For more information visit NSW Fair Trading.

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Notice Periods

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For fixed-term agreements, you are required to give at least 14 days' notice if the tenant has been living in the rental property for up to six months. For tenants residing for more than six months, you must give a minimum of 28 days' notice before ending the tenancy. 

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For periodic agreements, the minimum notice period is typically 90 days but can be shorter or longer depending on certain circumstances. If you wish to end a periodic agreement must provide an eviction notice with either 30 or 60 days notice provided specific conditions are met. 

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These conditions include cases when renting an unauthorised dwelling such as an illegal granny flat and cases where there is evidence that suggests that either party has breached their obligations under the Residential Tenancies Act. 

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Termination Notice

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If you wish to terminate a tenancy agreement, you must serve the tenant with a valid termination notice. This document should be:

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• In writing
• Signed and dated by the landlord giving the notice
• Contains the address of the rented property
• States the day that the tenancy agreement is terminated
• Includes any reasons for termination if applicable

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You should use the template here to send notice to your tenant - Notice to Terminate Agreement template.

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Reasons to End a Tenancy

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There are several reasons you can end a tenancy agreement lawfully:

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• End of a fixed-term agreement or periodic tenancy. You must give at least a 14-day notice when ending a fixed-term agreement and at least 30 days for a period of tenancy expiring.

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• Breach of tenancy by tenant. If a tenant has breached the residential tenancy agreement, you may give a termination notice at any time. The termination date must be specified in the notice and must be at least 14 days after the termination notice was given.

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• Non-payment of rent. When a tenant fails to pay rent by the terms of their tenancy agreement, you have the right to give them a termination notice. This notice must clearly state that the non-payment of rent is the reason for ending the tenancy. 

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• Tenant abandonment. You can end a tenancy when the tenant has abandoned the premises. To determine whether the premises have been abandoned or not, you should make an effort to reach out and contact the tenant. 

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Read our comprehensive guide, Everything you need to know about ending a tenancy in Australia, to learn more.

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RentBetter Can Help You Manage Your Lease

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Using RentBetter to set up and create your lease is the perfect way to confidently manage your tenancy and property.

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Creating a lease agreement with RentBetter is straightforward and simple:

• Create an account and enter your property's address, contact details, and other relevant information.
• Once all of this information is entered, you'll have access to an intuitive interface through which you can easily customise your lease agreement.
• Include specific rules or requirements, as well as rent amounts, rental periods, deposits required from tenants, etc. All of this information can be tweaked and modified at any time as needed.
• Once you have completed these steps, you can save your document for review and invite your tenants to review and sign it electronically.

With RentBetter, you can quickly and easily create a lease agreement that will last throughout your tenant's residency. Plus, you’ll be able to stay organised with automated reminders that will prompt you if anything needs to be actioned throughout the tenancy.

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See RentBetter in action - Learn how the RentBetter platform can help you self-manage your rental property. Register below to watch the demo video.

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