Notice to terminate tenancy agreement by landlord or agent

Since the 2025 rental reforms, a NSW landlord can only end a tenancy by termination notice on a ground set out in the Residential Tenancies Act 2010; Fair Trading notes the changes limiting the reasons landlords can end a lease started on 19 May 2025. The notice must be in writing, signed, and state the premises, the termination date and the ground (s 82). The landlord or agent must also give the tenant a termination information statement and, for most grounds, supporting documents (s 85 and the regulations). Giving a notice on a ground that is not genuine, or giving false or misleading supporting documents, is an offence with a maximum penalty of 100 penalty units for an individual (ss 85(2), 86).

When you need it

• The premises have been sold with vacant possession (s 87D) or will be offered for sale with vacant possession (s 87E).
• Significant renovations or repairs, or demolition, require the premises to be vacant (ss 87F, 87G), or the premises will not be used as a rental home for at least 12 months (s 87L).
• The landlord or a family member who is a relevant person will live there for at least 6 months (s 87M).
• The tenant has breached the agreement (s 87C) or is at least 14 days behind in rent, water or utility charges (s 88).
• An employee or caretaker arrangement has ended, the premises are uninhabitable, or the sole tenant has died (ss 87N, 109, 108).

1. 1

   Tenants and premises

   Write the tenants' names and the full address of the premises in block letters.

2. 2

   Termination date

   Insert the date the tenant must move out, allowing at least the minimum notice for the ground and the agreement type (see the table on the form). Count calendar days from the day after the notice is given, and add 7 working days if you post it. For a fixed term, most grounds need a date on or after the end of the term.

3. 3

   Select one ground

   Tick the ground and complete any details, such as the clauses breached and the conduct for a breach notice. For non-payment, the rent or charges must have been unpaid for at least 14 days before the notice is given (s 88(1)).

4. 4

   Attach the termination information statement and supporting documents

   Give the tenant the termination information statement with every notice. For sale, renovation, demolition, change of use and family move-in grounds, attach the supporting documents listed in table B, for example a copy of the contract for sale or a signed and dated written statement.

5. 5

   Service, signature and contact

   Tick the method of service (s 223), sign, write the date delivered, posted or emailed, and add the landlord or agent's name and phone number.

• The notice is given to the tenant, not lodged anywhere. Methods are in s 223: in person, to a person over 16 at the tenant's home, in the tenant's letterbox in an addressed envelope, by post, or by email to an address the tenant has specified for notices. Serving one of several tenants is enough (s 223(3)).
• If the tenant does not leave by the termination date, the landlord applies to the NSW Civil and Administrative Tribunal for a termination order and must follow the lawful eviction process. For a rent arrears notice the application can be made before the termination date, but is not considered until after it (s 88(4)).
• If the sole tenant has died, give the notice to the tenant's legal personal representative (s 108).

• A tenant who has been in continual possession for 20 years or more cannot be given notice on most of these grounds; only breach and actual sale remain available (s 87B).
• After a proposed sale or family move-in notice, the landlord needs the Secretary's approval to re-let the premises within 6 months after the termination date (ss 87E(3), 87M(3)).
• A tenant who receives a notice can leave early: under a periodic agreement at any time with no rent after vacating (s 110A), or under a fixed term by giving at least 14 days' early exit notice for most grounds (s 110B).
• A non-payment notice must tell the tenant they can stay if they pay everything owing or agree to and keep to a repayment plan (s 88(3)). The form includes that note.