Ending no-grounds evictions for all NSW renters: briefings

All people deserve to live with stability and peace of mind, including people who rent their homes. Moving house is generally considered one of life’s most stressful events: the financial costs, and stress involved are substantial, and these are exacerbated when a household is forced to move. If a renter is forced to move, landlords need to provide a valid reason for terminating a tenancy. Landlords should not be able to end a tenancy for no reason (a no grounds eviction).

Reforms to end no grounds must include the removal of sections 84 and 85 of the Residential Tenancies Act 2010, replacing them with specific reasons and supporting evidence for termination. The aim is to ensure fairness and stability.

It is important reforms to end no grounds remove eviction for no reason in periodic tenancies and at the end of fixed-term leases. Current data reveals the majority of NSW renters are currently on a fixed term agreement (58%), and that those who are on a fixed term are more likely to face a no grounds eviction (71%).

Recommendations

• Remove sections 84 and 85 of the Residential Tenancies Act 2010 to end no grounds eviction during periodic and at the end of fixed term agreements.
• Recognise that the end of a fixed term itself is not a valid reason for eviction.
• Specify valid reasons for termination, such as landlord or family moving in, premises demolition or reconstruction, or property change of use.

This will align NSW reforms with other jurisdictions that have successfully ended no grounds evictions.