Residential Tenancy Termination (Landlord) - 20-Year Long-Term Tenancy - s 94 NCAT Leave Required

What must NCAT be satisfied of to end a long-term tenancy under s 94?: The landlord applies without giving a notice (s 94(2)). The Tribunal may make a termination order if the landlord would have a ground but for s 87B, any original fixed term has expired, and the Tribunal is satisfied it is appropriate in the circumstances of the case (s 94(1A)). It cannot set a termination date before the end of a fixed term (s 94(3)) or order vacant possession earlier than 90 days after the order (s 94(4)).

Jurisdiction: NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division. This fork applies exclusively where the tenant has 20 or more continuous years of possession. If the continuous tenancy is under 20 years, use the parent plan or the applicable ground-specific fork.

The Process at a Glance: The continuous tenancy duration is precisely calculated from the lease commencement date. If it reaches or exceeds 20.00 years, the practitioner confirms which grounds remain available by notice (breach under s 87C and actual sale under s 87D only) and which require a direct NCAT application under s 94 (all other non-breach grounds). The matter is assessed for the appropriate s 94 factual basis. The NCAT application is filed directly - no termination notice is issued for the s 94 grounds. The Tribunal hears the application and decides whether a termination order is appropriate in the circumstances of the case; if it makes one, vacant possession cannot be ordered earlier than 90 days after the order.

Key Legislation and Case Law: Residential Tenancies Act 2010 (NSW) s 87B (no notice on the subdivision's grounds after 20 years of continual possession, except under s 87C or s 87D), ss 87C and 87D (breach and actual sale), s 83 (termination orders include an order for possession) and s 94 (termination of long term tenancies by the Tribunal).

* 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 Residential Tenancy Termination (Landlord) - 20-Year Long-Term Tenancy - s 94 NCAT Leave Required 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 Property Disputes cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.