Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division. This fork addresses only rent arrears and utility non-payment terminations under s 88. For tenant breach other than arrears (e.g. damage, pets, nuisance), use the parent plan under s 87C.
The Process at a Glance: Arrears are flagged on Day 1 of non-payment. On Day 7, an arrears reminder letter with a repayment plan offer is sent, confirming at least one convenient, fee-free payment method. The water efficiency compliance certificate is retrieved and audited before including any water charges in the arrears balance. On Day 15 (the first eligible day), if arrears remain, the s 88 termination notice is drafted and served with the mandatory statutory warning about the tenant's cure right. The notice period is monitored for full payment or repayment plan compliance, which cures the notice. If uncured, an NCAT application is filed within 30 days of the vacant possession date. NCAT hears the matter and may find habitual arrears (bypassing the cure guarantee) or make a possession order subject to a payment schedule.
Key Legislation and Case Law: Residential Tenancies Act 2010 (NSW) s 88 (non-payment termination - 14 days in arrears trigger, mandatory statutory warning); s 39 (water efficiency condition precedent - landlord cannot charge water usage unless premises meet WELS standards; showerheads and taps maximum 9 L/min; toilets dual flush 3-star WELS from 23 March 2025; leaks repaired at commencement); s 89 (general guarantee of continuing tenancy - notice cured if tenant pays all arrears or complies with repayment plan before termination date; guarantee survives to warrant execution unless NCAT finds habitual arrears). Notice period: 14 days from service (all agreement types). The day of service is Day 0. Arrears must be continuous for at least 14 days before service. The earliest valid service date is Day 15 of continuous arrears. NCAT filing fee from 1 July 2025: $62 individual; $124 corporation; $16 concession.
* 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) - Rent Arrears or Utility Non-Payment - s 88 Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
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