Residential Tenancy Termination (Landlord) - Non-Breach Statutory Ground - Sale, Renovation or Occupation (ss 87D to 87M)

Can the landlord re-let the property after ending a tenancy on these grounds?: Only with the approval of the Secretary within 6 months after the termination date for s 87E, s 87G and s 87M, within 4 weeks for s 87F and within 12 months for s 87L; s 87D has no such period. Entering a tenancy during an exclusion period is an offence (s 87), as is giving a notice on a ground that is not genuine (s 86).

How long does the tenant have to challenge the notice?: A tenant who says the notice is retaliatory must apply to NCAT before the termination date and within 30 days after the notice is given (s 115 and Residential Tenancies Regulation 2019 cl 39(4)). Either party may ask NCAT to declare whether the notice was given in accordance with the Act and whether the ground is genuine (s 111), applying no later than 3 months after the termination date (cl 39(10)).

Jurisdiction: NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division. This fork addresses the six non-breach grounds under ss 87D to 87M. Tenant breach grounds (s 87C, s 88) are addressed in the parent plan and Fork A respectively.

The Process at a Glance: The triggering event (contract of sale executed, builder contract obtained, owner's occupation decision made) is confirmed and documented. The mandatory supporting evidence specific to the ground is assembled before any notice is drafted. The notice period is calculated based on whether the tenancy is periodic, a short fixed-term (6 months or less), or a long fixed-term (more than 6 months). The notice is served with the termination information statement and the supporting documents for the ground. Any period during which the Secretary's approval is needed to re-let is entered in the PMS. If the tenant challenges the notice as retaliatory or the ground as not genuine, the file is escalated. If the tenant does not leave, the NCAT application is made within 30 days after the termination date, and the Tribunal must make the termination order if satisfied the notice complied with the Act, the ground is genuine and the tenant has not vacated (s 89A).

Key Legislation and Case Law: Residential Tenancies Act 2010 (NSW) s 85 (supporting documents), s 86 (ground not genuine), s 87 (tenancy exclusion periods), s 87B (20-year tenancies), ss 87D, 87E, 87F, 87G, 87L and 87M (the non-breach grounds, notice periods and re-letting approval periods), s 89A (termination orders), s 111 (disputes about termination notices) and s 115 (retaliatory notices). Residential Tenancies Regulation 2019 (NSW) cl 23A to 23I (termination information statement and supporting documents for each ground) and cl 39 (time limits).

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