What are ‘no grounds’ evictions?
At the moment NSW landlords can end a tenancy for any reason or no reason at all, as long as they provide the required notice period. This is commonly known as a ’no grounds’ eviction. For more information about the current laws, see Factsheet 10: Landlord ends agreement and Blog: Time to end the trauma of no grounds evictions.
How are ‘no grounds’ evictions ending?
We don’t know the exact details of the changes, but we do know that they will end ‘no grounds’ eviction. The landlord will need a valid legal reason to end your tenancy. This requirement will apply no matter your agreement type (periodic or fixed term agreement).
Many NSW renters live in fear that they will be forced to leave their home without a reason. The reforms mean your landlord must provide reasonable, valid grounds to end your tenancy.
What are the proposed ‘reasonable grounds’ for eviction?
The Government has indicated that under the new laws, valid reasons for eviction will include:
- Significant repairs or renovations that mean you need to move out of the property, with a restriction on relisting the property for at least four weeks.
- A change in the use of the property, such as converting it from a rental home to another type of accommodation or from residential to commercial use.
- The owner or their family intends to move into the property.
- The renter is living in ‘affordable housing’ and is not eligible for affordable housing programs anymore.
- The renter is living in student housing and is not eligible to live in purpose-built student accommodation anymore.
- The property is being sold or offered for sale with vacant possession.
There are already other valid reasons for eviction in the existing tenancy legislation, and the proposed reforms will sit alongside these. The current eviction provisions allow your landlord to end your agreement for breach (including non payment of rent), hardship, death of tenant, and ‘uninhabitability’.
Many details are still being finalised and debated, such as:
- The evidence landlords will be required to show to demonstrate they have reasonable grounds.
- What penalties and enforcement will apply if landlords do not comply with the new eviction laws.
- Will the Tribunal be given the power to decide whether eviction is fair and reasonable in the circumstances.
Stay tuned – we will update this page as new information becomes available.
Are notice periods changing?
Securing alternative housing can be time consuming. The current ‘no grounds’ eviction provisions only provide 30 days notice at the end of a fixed term, and 90 days notice for periodic tenancies. This often leaves renters with insufficient time to find alternative accommodation.
The proposed reforms will extend the notice period to end fixed-term agreements:
- From 30 days to 60 days for leases shorter than six months.
- From 60 days to 90 days for agreements longer than six months.
Stay tuned – we will update this page as new information becomes available.
