Legal Project Management Plan & Checklist
Purpose of this Guide: 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 . Access services via the .
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 Fair Trading Termination Statement and all mandatory evidence. The re-letting exclusion period is entered in the PMS immediately. If the tenant challenges the notice as retaliatory or the ground as non-genuine, the file is immediately escalated. Post-eviction, the property is flagged in the trust account module to block early re-letting. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
Key Legislation and Case Law: Residential Tenancies Act 2010 (NSW) ss 87D (actual sale - 30 days all; 6 months re-letting); 87E (proposed sale - 90/60/90 days; 6 months); 87F (renovations - 90/60/90 days; 6 months; Fair Trading approval exception); 87G (demolition - 90/60/90 days; 6 months); 87L (cessation of use as rental - 90/60/90 days; 12 months); 87M (landlord or immediate family to reside - 90/60/90 days; 6 months); s 86 (criminal offence to terminate on a ground that is not genuine - fines up to 100 penalty units, $11,000); s 89A (NCAT must be satisfied that the non-breach ground is genuine before making a termination order). Notice period for short fixed-term (6 months or less): 60 days for ss 87E, 87F, 87G, 87L, and 87M. Notice period for periodic and long fixed-term (more than 6 months): 90 days for those same grounds. Notice period for actual sale (s 87D): 30 days for all agreement types. Retaliatory eviction challenge windows: 30 days from receipt for ss 87E, 87F, 87G, 87L; 14 days for s 87M.
* 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) - Non-Breach Statutory Ground - Sale, Renovation or Occupation (ss 87D to 87M) 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.
NCAT must be satisfied under s 89A Residential Tenancies Act 2010 (NSW) that the non-breach ground is genuine before making a termination order. If the tenant challenges genuineness at the hearing, the onus shifts to the landlord to produce positive evidence (not just the notice). The standard supporting documents assembled for each ground double as this evidence. A failure to produce the mandatory documents specified for each ground (contract of sale, builder quotes, statutory declarations, etc.) will likely result in the application being dismissed.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.