Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client is a landlord or property manager in New South Wales who needs to terminate a residential tenancy and recover possession of the property. The Residential Tenancies Amendment Act 2024 (NSW) abolished all no-grounds terminations from 19 May 2025, which means every landlord-initiated termination must now be grounded in one of the defined statutory pathways under the Residential Tenancies Act 2010 (NSW). Open this plan before drafting any termination notice - an incorrect ground, a notice period calculated even one day too short, or a missing Fair Trading statement will invalidate the notice and require the entire process to restart. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
Jurisdiction: This plan applies to residential tenancy disputes in New South Wales heard by the NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division. Three forks extend the plan: Fork A covers rent arrears and utility non-payment under s 88 (the most common pathway, with its own 14-day arrears clock, water efficiency condition precedent, and cure provisions); Fork B covers non-breach statutory grounds - including sale, renovation, demolition, change of use, and landlord occupation under ss 87D to 87M - which carry re-letting exclusion periods of 6 to 12 months; Fork C covers long-term tenancies of 20 or more continuous years under s 94, which require direct application rather than a standard termination notice.
Use this fork when the tenant has failed to pay rent, water usage charges, or other utility charges for at least 14 continuous days and the landlord intends to terminate the tenancy under s 88 of the Residential Tenancies Act 2010 (NSW). This is the most common termination pathway in NSW and carries specific pre-conditions that are strictly enforced by NCAT: the 14-day continuous arrears clock, the water efficiency certification condition precedent under s 39, and the tenant's statutory right to cure the notice by paying all arrears before the vacant possession date. A procedural error at any of these points will invalidate the notice. Verify current guidelines on the official NSW Legislation.
Use this fork when the landlord intends to terminate a residential tenancy in NSW on one of the non-breach statutory grounds under ss 87D to 87M of the Residential Tenancies Act 2010 (NSW) - that is, the landlord needs the property for a genuine purpose other than continuing the tenancy, such as an actual or proposed sale, significant renovations, demolition, a change to non-residential use, or occupation by the landlord or an immediate family member. These grounds were introduced by the Residential Tenancies Amendment Act 2024 (NSW) which abolished all no-grounds terminations from 19 May 2025. Each ground carries a mandatory re-letting exclusion period of 6 or 12 months from the termination date, enforced by the NSW Fair Trading Rental Taskforce via Rental Bonds Online data matching. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
Use this fork when the tenant has been in continuous possession of the residential premises for 20 years or more. Section 94 of the Residential Tenancies Act 2010 (NSW) creates a critical jurisdictional gateway for long-term tenancies: a landlord cannot issue a standard termination notice on most non-breach grounds against a 20-year tenant. Instead, the landlord must apply directly to the NSW Civil and Administrative Tribunal (NCAT) for leave to terminate, and the Tribunal must be satisfied that a termination order is appropriate on the specific circumstances. This pathway is rare but carries significant complexity and is frequently misunderstood.
The Process at a Glance: The matter opens with an intake and conflict check, followed by a full audit of the tenancy agreement to identify the tenancy type (fixed-term or periodic), the continuous tenancy duration, and the applicable statutory ground. The practitioner then audits the relevant pre-conditions - for arrears matters, the 14-day continuous arrears clock and water efficiency certification; for non-breach grounds, the existence of genuine supporting evidence such as a signed contract of sale or builder quotes. A termination notice is then drafted, incorporating the current NSW Fair Trading Termination Information Statement (version dated 20 June 2025), served by the authorised method, and the service date recorded via a statutory declaration before a JP. During the notice period, the ledger is monitored for cure events, and any NCAT filings by the tenant (such as retaliatory eviction challenges) are tracked. If the tenant does not vacate by the specified date, an NCAT application is filed within 30 days using Form CCD-TSH. NCAT lists the matter for conciliation, then if unresolved, a contested hearing before a Member. If a termination order is granted, a warrant of possession is applied for and transmitted to the NSW Sheriff's Office for execution within 28 days.
Key Legislation and Case Law: Residential Tenancies Act 2010 (NSW) as amended by the Residential Tenancies Amendment Act 2024 (NSW) (abolishing no-grounds terminations from 19 May 2025) and the Residential Tenancies Amendment Regulation 2025. Key sections: s 82 (form requirements for termination notices); s 87C (tenant breach other than rent arrears - 14 days notice on all agreement types); s 87D (actual sale requiring vacant possession - 30 days; 6-month re-letting exclusion); s 87E (proposed sale - 90 days periodic or long fixed-term; 60 days short fixed-term; 6-month re-letting exclusion); s 87F (significant renovations - same periods as s 87E; 6-month exclusion unless Fair Trading approval); s 87G (demolition - same periods; 6-month exclusion); s 87L (cessation of use as rental - same periods; 12-month exclusion); s 87M (landlord or immediate family to reside - same periods; 6-month exclusion); s 87N (employee and caretaker - 30 days all agreement types); s 88 (rent and utility arrears - 14 days after 14 continuous days in arrears); s 89 (tenant right to cure arrears before termination date); s 90 (urgent NCAT application - serious threat to safety or property); s 94 (20-year long-term tenancy gateway - direct NCAT application required for most non-breach grounds); s 108 (deceased sole tenant - no minimum notice period). Water efficiency condition precedent: Residential Tenancies Act 2010 (NSW) s 39 - landlord cannot charge water usage unless property meets WELS standards (showerheads and taps at or below 9 L/min; dual-flush toilets 3-star WELS rating from 23 March 2025). Re-letting penalties: up to 100 penalty units ($11,000) for breach of exclusion periods under s 86. NCAT monetary jurisdiction: $15,000 compensation cap; $30,000 rental bond cap. Filing fee (from 1 July 2025): $62 standard; $124 corporation; $16 concession. Service calculation: the day of service is Day 0; the vacant possession date must be at least N + 1 days from service (direct) or N + 1 days from deemed service after 7 working days for post (excluding Saturdays, Sundays, and NSW public holidays).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Tenancy Dispute: Residential Tenancy Termination (Landlord) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The 20-year rule under s 94 Residential Tenancies Act 2010 (NSW) operates as a complete jurisdictional gateway. If the continuous tenancy duration equals or exceeds 20 years, the landlord cannot serve a standard termination notice under Subdivision 1 of Division 2 for non-breach grounds. The only grounds that survive against a 20-year tenant by notice (rather than NCAT application) are:
For all other grounds (proposed sale, renovations, demolition, cessation of use, landlord occupation), the landlord must file directly with NCAT under s 94, and NCAT must be satisfied that a termination order is appropriate on the specific facts.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
The notice period matrix under the amended Residential Tenancies Act 2010 (NSW):
Breach grounds: s 87C (all types) 14 days; s 88 (all types) 14 days after 14 days continuous arrears.
Non-breach grounds: s 87D (actual sale, all types) 30 days; s 87E/87F/87G/87L/87M - periodic or long fixed-term (>6 months): 90 days; short fixed-term (<=6 months): 60 days. s 87N (employee/caretaker, all types) 30 days.
For fixed-term agreements, most non-breach notices cannot specify a date before the lease expiry date.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Failure to comply with s 39 Residential Tenancies Act 2010 (NSW) before issuing a s 88 notice is a well-established basis for NCAT to dismiss the application. If a s 88 termination notice is challenged on the basis that the water charges were unlawful, and the landlord cannot produce a compliant certificate, the entire notice fails - even if the rent component of the arrears is valid. The dual-flush 3-star WELS toilet requirement commenced 23 March 2025 per the Residential Tenancies Regulation 2019 as amended by the Residential Tenancies Amendment Regulation 2025. This is a common oversight for landlords who upgraded showers and taps but have older single-flush toilets.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Under s 89 Residential Tenancies Act 2010 (NSW), the tenant's right to cure operates as a statutory guarantee of continuing tenancy. If the tenant pays all arrears (or agrees and complies with a written repayment plan) before the termination date in the s 88 notice, the notice is cured and ceases to have legal effect. The landlord can only bypass this guarantee if they can demonstrate to NCAT a persistent, long-term pattern of late payments (sometimes referred to as "habitual arrears"). The cure right survives up to the physical execution of any warrant of possession.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.