Legal Project Management Plan & Checklist
Purpose of this Guide: 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 () 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.
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 conducts a hearing weighing the landlord's genuine need against the tenant's long-term interest in remaining in possession. The Tribunal has a broad discretion and may impose conditions, delay the possession date, or refuse the application entirely.
Key Legislation and Case Law: Residential Tenancies Act 2010 (NSW) s 94 (long-term tenancy gateway - direct NCAT application required for non-breach grounds where continuous tenancy is 20 or more years; NCAT must be satisfied that termination is appropriate on the specific circumstances). Grounds available by notice against a 20-year tenant: s 87C (tenant breach other than rent arrears) and s 87D (actual sale of property requiring vacant possession). All other grounds (ss 87E, 87F, 87G, 87L, 87M) require the s 94 NCAT application pathway. The s 94 pathway has no prescribed notice period - the Tribunal will determine the possession date after considering all circumstances. The Tribunal has power to impose conditions on any termination order, including delayed possession dates and compensation to the tenant.
* 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 REAL_ESTATE cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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