Renoviction but no renovation?

Being asked to leave a place you have called home is an awful experience. Thankfully, no one renting in NSW has to move out without at least knowing why, because as of 19 May 2025, ‘no grounds’ evictions are unlawful. This means that the landlord must have a valid legal reason to end your tenancy.

One of such reasons is a termination for significant renovations or repairs. These have been given the name of 'renovictions' after renters in Canada started experiencing a wave of both legitimate and illegitimate claims.

If you are asked to leave because of planned renovations, the landlord must provide a written statement explaining why the renovations/repairs are so significant that they prohibit anyone from living at the property. The works must be due to start within 2 months after the end date in the notice, and the home will be in a 4-week relet exclusion period following the eviction.

Given these short timeframes, we would prefer a system where landlords and tenants are encouraged to keep the tenancy going with a negotiated time away (and a rent reduction) while the work is being done. Losing your home so that repairs and maintenance issues you had to live with can be fixed can sting, even if the rules are being followed.

But what if the home you were forced to leave because it needed significant repairs ends up back on the market in under 4 weeks of you vacating it? Or if it’s relet without undergoing any significant renovations? Well, you may have been unfairly renovicted. If you are not sure what a renoviction might look like in practice, read Natalie’s* story below.

Natalie's renoviction

Natalie* and her dad shared a 2-bedroom home for over three years before they were served an eviction notice for significant renovations or repairs. Their time at the property was marked by recurring issues stemming from blockages in the bathroom drain pipes. The home needed significant plumbing repairs to fix the problem, but the landlord refused to finance them. No funds were spent on garden maintenance, either, nor on replacing the wallpaper peeling off the living room walls. Despite these clear issues, the real estate agent repeatedly tried to significantly raise the rent and had to be persuaded to cut the increase down to reflect the actual value of the property.

Ultimately, it was the broken water heater that was the final straw for Natalie. When she and her father had to go without hot water for four days, they decided to take their landlord to the NSW Civil & Administrative Tribunal (NCAT) and demand not only that the tank be fixed but that they be paid compensation.

It was during the Conciliation process at the Tribunal that Natalie and her dad learned that, as soon as this matter was settled, their landlord planned to significantly renovate the house and was about to issue them an eviction notice. This news came as an unpleasant surprise, and the pair felt they were being punished for asserting their right to request repairs.

A few days later, the official notice to vacate for significant repairs arrived, with builder’s quotes to renovate the troublesome bathroom and redo the kitchen, totalling $50,000, provided as evidence to support the eviction notice. Immediately, Natalie was suspicious of how genuine the landlord's desire for a significant renovation was, given that they had previously refused to pay a fifth of that cost to cover essential plumbing works.

The circumstances of their eviction prompted Natalie to keep an eye on online real estate sites in case their old home came up again, relisted before the 4-week reletting exclusion period was up. It hadn’t, but a new tenant moved in not long after. A young couple opened the door when Natalie came by to see if any mail addressed to her had been dropped off at her old address. The new tenants were happy with the place: the garden was tidy, and the living room had fresh wallpaper. The kitchen, however, was not redone, despite what the evidence supporting the eviction notice claimed.

Given that the property was only refreshed rather than significantly renovated, it was never necessary for Natalie and her dad to move out. It seemed they had been made to move so that the landlord could increase the rent and then relet the place. It also felt suspiciously like retaliation for taking action against the landlord in the Tribunal. In other words, it looked like they had been reno-victed.

Outraged (though not surprised), Natalie filed an online complaint via the NSW Fair Trading website, hoping to have her matter referred to the Rental Taskforce and NSW Fair Trading inspectors who can take appropriate action. Soon after, she received confirmation that an investigation into her landlord's conduct had been launched.

For now, this is where Natalie’s story ends, but typically, once the investigation is launched, the complainant is given direct contact details for the inspector in charge of the matter, so they can follow the progress of the investigation. NSW Fair Trading prioritises matters based on risk and seriousness, and complainants are advised of the outcome once the matter has been finalised.

Landlords or real estate agents found in breach will be contacted by NSW Fair Trading. Depending on the nature and seriousness of the breach, inspectors may issue education or warning letters, serve penalty infringement notices, or refer the matter internally for possible disciplinary action or prosecution. Some of the parties found to be in breach of the regulations are also likely to end up on the government’s Name and Shame register, where the NSW Fair Trading publishes regulatory actions taken against real estate agents, strata managing agents and stock and station agents for breaches of NSW property laws.

NSW Fair Trading’s regulatory role is complex and covers areas beyond tenancy. You can read more at the NSW government page about NSW Fair Trading’s regulatory role.

Renovictions can and should be curtailed by appropriate rental law regulation. If you, too, have been asked to vacate your home for renovations that seemingly never eventuated, please tell us about your experience by filling in our renoviction form. Your submission will help us campaign for stronger protections for renters and fewer unfair evictions.

The Tenants’ Union of NSW continues to advocate for the reintroduction of the evidence requirements originally placed on landlords looking to evict their tenants for significant repairs of the property, as well as ways to keep the tenancy going where possible. We believe it is reasonable to ask that a genuine intention to renovate be evidenced with at least one quote from a licensed builder or a receipt for building materials purchased, rather than a written statement from the landlord alone.

If you want to know more about renovictions and how they have been tackled in other jurisdictions, you can read Eloise Parrab’s blog on Renovictions – what can we learn from the Canadian experience?. For more on your rights when facing eviction, check out our Factsheet: Eviction – landlord ends tenancy or contact your local Tenancy Advice and Advocacy Service for advice. 

* We have changed her name to protect her privacy.