NSW Government undermines tenant protections against eviction

FOR IMMEDIATE RELEASE
 

Tenant advocates have raised alarm after the NSW Government quietly removed key safeguards designed to protect renters from unjust evictions under the guise of renovations less than five weeks after the rules came into effect.

As of 19 May 2025, landlords seeking to evict a tenant for major 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. This was intended to ensure that claims to recover a property for renovation were genuine and not simply a tactic to remove tenants.

The use of evidence requirements, bans on reletting for a period and significant penalties need to work in tandem to ensure only genuine termination grounds are being used. Renovations or significant repairs are only meant to be used where the work is so significant a person can’t live there for the duration.

The NSW government has removed the additional evidence requirement today with the Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025 only one month after implementing the reform.

“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 good enough with no 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. NSW should have learnt these lessons from jurisdictions like Canada, where so-called ‘renovictions’ have become a widespread problem.”

Canada is in an ongoing process of tightening up protections against renovictions. Various states and cities have passed rules that require stronger evidence, including building permits, reports from qualified professionals stating that the repairs or renovations require vacant possession. They also often require the ability for the tenant to return to the property after work performed with no rent increase, or even compensation for moving costs in some circumstances. 

The changes in NSW were made behind closed doors and without public consultation or a transparent explanation from the government.

“What’s most troubling is the way this was done,” Mr Patterson Ross said. “There’s been no consultation, no published evidence of the need for change, and no warning to those affected. This raises serious questions about the integrity of the entire reform process. We engaged in good faith in the long process of designing these reforms over the two years from election to commencement, while tens of thousands of renters continued to be evicted without grounds. But someone can't cope with having to actually call a tradie and suddenly the rules get changed.”

Tenant advocates are also warning that this rollback undermines faith in the wider reasonable grounds framework, which was introduced to bring greater balance and accountability to the end of tenancies. 

“When these kinds of evidence requirements are weakened, without cause and without notice, it sends a message that other evidentiary protections for renters in the regulation are unstable, and could be stripped away at any time,” Mr Patterson Ross said. “That uncertainty helps no one.”

The Tenants’ Union is calling on the NSW Government to immediately reinstate the evidence requirements and commit to transparent, consultative processes for any further changes to rental laws.

For more information, contact Leo Patterson Ross, CEO of the Tenants' Union of NSW by email on media@tenantsunion.org.au