What changed in May 2025
Pre-reform, section 84 of the Act allowed a landlord to end a periodic tenancy by giving 90 days' notice without stating any reason. The justification was “contractual freedom.” The practical effect was that any tenant who complained about repairs, joined a renters' union, or pushed back on an unlawful clause could be quietly removed.
The May 2025 reforms abolished that. The amended section 84 now requires every termination notice from a landlord to state a prescribed reason and (in most cases) to attach evidence supporting it. Notices that don't comply are defective and don't legally end the tenancy.
The prescribed reasons
The Act now requires the landlord to choose from a specific list. Each has its own evidence requirement and notice period.
Sale of property
90 days noticeEvidence required: Contract of sale, or a binding agreement to sell. Listing the property doesn't count.
Owner or owner's family member moving in
90 days noticeEvidence required: Statutory declaration. The person moving in must occupy for at least 6 months. Re-letting before then triggers penalty.
Major renovation or demolition
90 days noticeEvidence required: Development approval or building permit. Cosmetic works don't count — must require vacant possession.
Change of use
90 days noticeEvidence required: Evidence the property is being converted to non-residential use (e.g. short-stay licence, commercial conversion approval).
End of fixed term (still requires a prescribed reason)
60 days noticeEvidence required: The lease end date PLUS one of the prescribed reasons above. Post-19-May-2025 the prescribed-reason requirement applies at end-of-fixed-term too — a landlord cannot simply choose not to renew without naming a reason and producing evidence for it.
Tenant breach (rent, damage, illegal use)
14 days (non-payment) or 30 days (other breaches) noticeEvidence required: Specifics of the breach and any prior notice given.
If the landlord claims a ground falsely
The reform gave NCAT explicit power to penalise false claims. If a landlord serves a notice citing “sale” or “owner moving in” and then doesn't actually do those things — re-lets the property to a new tenant at higher rent within 6 months, for example — they can be:
- · Ordered to pay compensation to the displaced tenant, including moving costs and rent differential at the new place.
- · Subject to a civil penalty payable to the state.
- · Reported to NSW Fair Trading for further action against the agency.
If you suspect this happened to you (e.g. you see your old property re-listed for rent within months of being “sold” or “moved into”), keep evidence — screenshots of the new listing, addresses, dates. Apply to NCAT for compensation. The application is straightforward and the burden is largely on the landlord to prove the ground was genuine.
How to test the notice you got
- Does it state a prescribed reason? If “no reason” or “at landlord's discretion” — defective.
- Is the evidence attached? For sale, you should see a contract reference. For owner moving in, a statutory declaration. No attachment = defective.
- Does the notice period match the ground? A 30-day notice for “sale of property” is wrong — should be 90 days. Mismatch = defective.
- Is the Termination Information Statement included? Required since 2025 reforms. No statement = defective.
- Was service correct? Personal, post, or nominated electronic address. Not a slip under the door.
If any one of these fails, the notice is defective. See our full 7-point validity checklist for the complete test, and our eviction defender tool which runs all the checks against your specific notice in 60 seconds.
What hasn't changed
The reforms targeted no-grounds termination specifically. The following remain the same:
- · Tenant-side termination is unchanged. Tenants can still end a periodic tenancy with 21 days' notice or break a fixed term with break fees.
- · Mutual termination by written agreement is unchanged.
- · Termination for breach is unchanged — same rules around rent arrears, damage, illegal use.
- · Domestic violence protections are unchanged — tenants experiencing DV can still leave immediately without break fees (see our free DV tenancy tool).
End-of-fixed-term has changed: from 19 May 2025 a landlord must also state a prescribed reason at the end of a fixed term. Letting the lease expire is no longer a stand-alone ground.
Renterprise eviction defender
Got a notice citing “sale” or “owner moving in”?
Upload it. We check the prescribed reason, the evidence attached, the notice period, and the form against the Act. If anything's off, we draft the response letter pointing to each defect.
Check my notice — freeWhat to do if you suspect the ground is false
Before you move out:
- · Ask the landlord in writing to provide the supporting evidence (contract of sale, stat dec, DA, etc).
- · If they refuse or it's clearly unrelated to the stated ground, the notice is defective. Don't move.
- · Apply to NCAT for a declaration of invalidity, or wait for them to apply for termination and use the defects as your defence.
After you move out (if you find out the ground was false):
- · Save evidence the property was re-let or used for a different purpose (screenshots, ads, dates).
- · Apply to NCAT for compensation under section 187 — moving costs, rent differential, statutory penalty.
- · Time limit: typically 6 months from when you became aware of the false claim. Apply early.
Written by Mya Bertolini, USYD Law and paralegal at Turks Legal. Educational only, not legal advice. The 2025 reform is recent and case law is still developing — for any matter heading to NCAT, please contact the Tenants' Union of NSW on 1800 251 101.