Joint statement: Reinstate evidence requirements for evictions due to repairs or renovations

The NSW Government must commit to reinstate the evidence requirements for landlords seeking to evict a tenant due to significant repairs or renovations, and restore trust in the tenancy reform process. 

As of 19 May 2025, landlords seeking to evict a tenant for significant repairs or renovations were required to provide both a written statement and a choice of one of 5 pieces of evidence, such as a quote from a licensed builder or tradesperson or development consent or receipts from the purchase of building materials. This was intended to ensure that landlords seeking to recover a property for significant renovation or repairs were genuine and not simply using a tactic to remove tenants.

Termination grounds for renovations or repairs are only meant to be used where the work is so significant a person can’t live there for the duration. In such a scenario, the evidence requirement was made up of documents that would be created if the work was really happening, with minor alterations on some to provide necessary detail and clarity.

The signatories to this statement are very concerned that the NSW government removed the additional evidence requirements without further consultation less than 5 weeks after implementing the important reforms to evictions. These reforms followed a long and rigorous consultation process including the input of tens of thousands of people and organisations, including the signatories to this statement. In the short time frame there could not have been sufficient evidence gathered to support a need for these changes to occur. 

Landlords are now only required to provide a written statement as evidence of undertaking significant renovation or repairs that would prevent a tenant from continuing to live at the property while the works were undertaken. 

Without the full evidence requirements for this prescribed ground for termination there is a real risk that the Government's commitment to end no grounds evictions and ensure renters have the rights and security they need will be undermined. 

Prior to this recent change there had been a concern that the prescribed ground to end a tenancy due to significant repairs and renovations could be easily exploited, given the international experience in Canada. The re-letting exclusion period had already been reduced from covering four weeks of work needed on a property, to only four weeks from the renter moving out - regardless of how long the work would actually take. The Tenants’ Union of NSW called for strong evidence requirements to ensure that landlords would need to support their claim with evidence to show legitimacy to the grounds. Weakening the evidence requirements increases the risk of exploitation.

“This change means landlords will now only have to provide a written statement, with no supporting evidence, to evict a tenant. This just isn’t enough to guarantee that non-genuine evictions will be prevented,” said Leo Patterson Ross, CEO of the Tenants’ Union of NSW. “While strong penalties exist on paper, the government folded so quickly on this evidence requirement that it raises concern about their willingness to stand by their own much-needed legislation, to monitor evictions and issue penalties where needed. This further opens the door to abuse.”

Appropriate evidence requirements, bans on reletting for a period and significant penalties are all required to work in tandem to ensure only genuine termination grounds are being used in NSW. The Government must also commit to monitoring complaints and thoroughly investigating any potential misuse of these termination grounds.  

These types of changes made behind closed doors only undermine renters' trust and confidence that the NSW Government is committed to improving the fairness of the rental system. The NSW Government needs to show that it is listening to renters’ voices when developing and amending rental laws. 

We call on the NSW Government to:

1. Amend the Residential Tenancies Regulation to reinstate all the evidence requirements for landlords seeking to issue a notice of termination due to significant repairs or renovations
2. Monitor complaints and investigate any misuse of the significant repair or renovations termination grounds
3. Commit to following a transparent consultative process for any future changes to rental laws in NSW

Signatories:

• Tenants’ Union of NSW
• Aboriginal Legal Service NSW/ACT (incl Greater Sydney Aboriginal Tenants Advice and Advocacy Service)
• Anglicare Australia
• Australian Lawyers for Human Rights
• Australian Services Union of NSW & ACT
• Being
• Better Renting
• Central Coast Tenants Advice and Advocacy Service
• Central Tablelands and Blue Mountains Community Legal Centre (incl. Blue Mountains Tenants Advice and Advocacy Service)
• Community Legal Centres NSW
• Eastern Area Tenants Service
• Everybody's Home
• Hastings Neighbourhood Centre (incl Midcoast Tenants Advice and Advocacy Service)
• Homelessness NSW
• Hunter Tenants Advice and Advocacy Service 
• Illawarra Legal Centre (incl Illawarra and South Coast Tenants Advice and Advocacy Service)
• Justice Equity Centre
• Make Renting Fair
• Marrickville Legal Centre (incl Inner West and Northern Sydney Tenants Advice and Advocacy Services)
• Metro Assist (incl Southern Sydney Tenants' Advice and Advocacy Service)
• Mid Coast Tenants Advice and Advocacy Service
• Mission Australia
• NCOSS
• New England and Western NSW Tenants Advice and Advocacy Service
• NSW Nurses and Midwives' Association
• Redfern Legal Centre (incl Inner Sydney Tenants Advice and Advocacy Service)
• Shelter NSW
• Sydney Alliance
• Unions NSW
• Uniting NSW/ACT
• Vinnies
• Wesley Mission