Got an eviction notice in NSW? Here's how to fight it at NCAT
A termination notice is not an eviction. It's a notice that the landlord intends to seek possession. Only NCAT can make a termination order, and only the NSW Sheriff can execute a warrant for possession. Until that point, the lease is on foot and you do not have to leave.
This page covers the grounds a landlord can rely on, the notice periods that apply, the post-19 May 2025 reasonable-grounds reform, and the defences that work at NCAT — including retaliatory action under s115 of the Residential Tenancies Act 2010 (NSW) ("RTA").
Want a quick read on your specific notice? Run our free 60-second eviction-check tool — it checks the date, ground, notice period and content against the RTA and gives you a draft response letter plus an NCAT application.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
A termination case at NCAT is either the landlord asking for a termination order and warrant of possession, or the tenant challenging a notice the landlord has served. The case turns on two things: (a) was the notice valid in form and service, and (b) is the ground made out on the evidence.
Common grounds and notice periods under the RTA: non-payment of rent (14 days), breach of the agreement (14 days, sometimes more for serious breaches), end of fixed term (30 days), sale of premises with vacant possession (30 days), and — post-19 May 2025 — a prescribed reasonable ground such as significant renovation, change of use, or landlord/family moving in (notice periods vary by ground, typically 30 to 90 days). The previous "no grounds" pathway under former s84/s85 has been abolished.
A notice that doesn't state a valid ground, doesn't give the correct minimum notice period, isn't properly served, or doesn't include the prescribed content is defective. NCAT routinely dismisses applications based on defective notices — but only if the tenant turns up and raises it. Silence is read as acceptance.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- 14 daysNon-payment of rent notice (RTA s88) — minimum noticeRTA s88
- 14 daysBreach of agreement notice — minimum noticeRTA s87
- 30 daysEnd of fixed term, or sale with vacant possessionRTA s84, s86
- 30-90 daysReasonable-grounds termination (post-19 May 2025 reforms)RTA as amended 2024-25
- Before the dateTenant must apply to challenge a retaliatory notice before the termination dateRTA s115
- 30 daysLandlord must apply for warrant of possession within 30 days of the ordered possession dateNCAT enforcement
- 14 daysInternal appeal window for residential proceedingsNCAT Guideline 1
The process, step by step
- 1
Check the notice — form, ground, service
Pull out the notice and check four things. (1) Form: is it in writing, signed by the landlord or authorised agent, and does it identify the premises and the tenant? (2) Ground: does it state a valid statutory ground? Since 19 May 2025, "no grounds" is not a valid ground. (3) Notice period: count back from the termination date — is the period at or above the statutory minimum for that ground? (4) Service: was the notice handed to you, posted to your address, or emailed to a nominated email address? Sliding under the door is not valid service.
Any defect in these four can be fatal to the landlord's case. Note the defect; you'll raise it at the hearing.
- 2
Decide your position — stay and fight, or negotiate exit
If the notice is defective, the ground is wrong, or you have a retaliatory action defence (s115), you can stay and defend. If the ground is genuine (e.g. you're three months in arrears and can't catch up), the realistic options shift to negotiating more time, a payment plan, or a less damaging termination by consent.
Don't move out on a defective notice. Once you leave, the landlord doesn't need NCAT — the tenancy has ended.
- 3
Who lodges the NCAT application
Usually the landlord lodges — asking NCAT for a termination order and warrant of possession. You'll receive a Notice of Listing as respondent. File a short response identifying the defects in the notice or your s115 retaliatory action defence.
If you want to take the initiative — for example to declare a notice retaliatory and set it aside before the termination date — you can lodge first using the Tenancy / Social Housing Application. Standard fee $62 / concession $16.
- 4
Conciliation and hearing
NCAT lists termination matters quickly. The Notice of Listing normally sets down a combined conciliation and hearing on the same day. Conciliation is confidential. If the notice is obviously defective, raise it at conciliation — the landlord may withdraw rather than risk costs.
At hearing, the landlord (as applicant) goes first. They must prove valid notice, valid ground, and entitlement to possession. Cross-examine on service, dates, and the ground. Then put your defence: defects, breaches paid before hearing (RTA s89), genuine hardship (s154E), or retaliation (s115).
- 5
If a termination order is made
NCAT specifies a date for possession. Under RTA s154E, NCAT can take into account the tenant's circumstances and the circumstances of any household members in setting the date — ask for time if you need it. Common orders give 2-4 weeks to vacate; in hardship cases longer.
If you don't vacate by the ordered date, the landlord can ask NCAT for a warrant of possession (no fee). The warrant goes to the NSW Sheriff who charges a fee (~$80-$150) and gives you another short window before execution. Only the Sheriff can physically remove you.
- 6
Appeals and internal review
Either party can apply to the Appeal Panel within 14 days. On a question of law, appeal is as of right; on the facts you need leave (substantial miscarriage of justice or fresh evidence). An appeal does not automatically stay the orders — you need to ask for a stay.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
The termination notice itself
Original (or printed PDF) plus the envelope/email it came in. Service evidence is half the case.
Tenancy agreement and any variations
Identifies the legal lessor (who you name as respondent if you lodge first) and the term.
Rent ledger
Critical for non-payment cases. Ask the agent for it; if they refuse, use bank statements as proof of payment.
Every written communication for the last 6 months
Repair requests, complaints, complaints to Fair Trading. Sets up the s115 retaliation argument.
Chronology — one page
Date you complained, date the notice arrived, every intervening event. Members read chronologies; they don't always read 50-page bundles.
Evidence of hardship
Medical, dependent children, school enrolment, disability — relevant under s154E and to the orders for time to vacate.
Evidence of attempts to remedy a breach
If you've paid arrears in full, bank receipts. RTA s89: paying arrears before hearing can defeat a non-payment notice.
Common reasons people lose
Ignoring the notice and not appearing at NCAT
If you don't appear, NCAT can make orders in your absence. Silence is read as acceptance of the landlord's case.
Moving out on a defective notice
Once you leave, the tenancy has ended and there's nothing for NCAT to set aside. Stay until the orders.
Not raising the s115 retaliatory action defence
NCAT can set aside a notice given in retaliation for the tenant exercising a right (e.g. asking for repairs or applying to NCAT). You must raise it — the Member won't run it for you.
Missing the deadline to challenge a retaliatory notice
A s115 application must be made before the termination date. Don't wait until the date arrives.
Not paying arrears before the hearing
Under RTA s89, paying the arrears in full before hearing can defeat a non-payment termination. If you can pay, pay.
Conceding to a 'consent termination' without legal advice
Agreeing to consent orders for termination ends your tenancy and is binding. Get free advice from LawAccess or your TAAS before signing anything at conciliation.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Dismissal of the landlord's application
Where the notice is defective, the ground isn't made out, or the breach has been remedied — NCAT can dismiss and the tenancy continues.
Order declaring the notice retaliatory and setting it aside
Under RTA s115, NCAT can declare a notice was given in retaliation and set it aside.
Termination order with possession date
Where the landlord makes out the ground, NCAT specifies the date by which the tenant must vacate. Section 154E factors apply.
Order for payment of arrears or compensation
NCAT can order the tenant to pay arrears as part of a termination, or order the landlord to pay compensation for an unlawful eviction or breach.
Specific performance / re-entry order
Where a tenant has been unlawfully locked out, NCAT can order the landlord to allow the tenant back into the premises.
Free help
- Tenants' Union NSW — termination factsheet (FS-10)
Plain-English guide to grounds, notice periods and defences.
- Tenants' Advice & Advocacy Services (TAAS)
Free local advice. Strongly recommended for any termination case.
- Legal Aid NSW — eviction help
Dedicated eviction assistance line; duty service at some NCAT registries.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- NSW Fair Trading — ending a tenancy
Government guidance on grounds and notice periods.
- Residential Tenancies Act 2010 (NSW)
Sections 84-115 cover termination; s115 covers retaliation.
Questions self-reps ask
Can my landlord just kick me out?
No. A landlord cannot lawfully evict you without an NCAT termination order and a warrant of possession executed by the NSW Sheriff.
Changing the locks, removing your belongings, or cutting utilities to force you out are unlawful and can be the basis of compensation orders against the landlord. If this happens, apply to NCAT for a re-entry and compensation order — and call police if you've been locked out.
What changed on 19 May 2025?
From 19 May 2025, NSW abolished "no grounds" termination for residential tenancies. Landlords must now give a prescribed reasonable ground — sale, significant renovation or rebuild, change of use, landlord or family moving in, or breach of agreement.
Notice periods vary by ground; longer-term tenancies attract longer notice. If you receive a "no grounds" notice dated after 19 May 2025, it is invalid.
What is retaliatory action under s115?
Section 115 lets NCAT declare a termination notice retaliatory and set it aside if the notice was given in response to the tenant exercising or proposing to exercise a right — for example, asking for repairs, complaining about the landlord, joining a tenants' organisation, or making an NCAT application.
Bring the chronology of events to the hearing: the timeline between your action and the notice is the case. You must apply before the termination date.
I'm behind on rent — can I stop the eviction?
Possibly. RTA s89 says NCAT must not make a termination order on the basis of non-payment if the tenant pays the rent owing before the hearing, or if NCAT is satisfied the tenant will pay the arrears within a reasonable time.
If you can pay the arrears in full before the hearing, do so and bring the receipt. If you can't, ask for a payment plan and raise s154E hardship. Move fast — the hearing date is the deadline.
What if the landlord says they're selling?
Sale of premises with vacant possession is a valid ground, but only with a 30-day notice and only after the property is actually listed or under contract requiring vacant possession.
Vague mentions of "we might sell" don't satisfy the ground. Ask for evidence at the hearing: contract for sale, sales agent agreement, or listing. NCAT will check.
How long do I have to leave after a termination order?
NCAT sets the possession date as part of the order. Under RTA s154E, the Tribunal must take into account the circumstances of the tenant and any household members.
Ask for the time you actually need — children at local schools, medical treatment, dependent care — and bring evidence. Common orders allow 2 to 4 weeks; longer in hardship cases.
Will I have an eviction on my rental record?
If NCAT terminates for breach (especially non-payment), the agent can list you on a tenancy database such as TICA or NTD. There are strict rules in Part 8 of the RTA: the landlord must give you written notice 14 days before listing, the listing must be accurate, and you have the right to inspect, challenge and have listings amended or removed.
Listings expire after 3 years. If you're concerned about a listing, raise it at the hearing — NCAT can make orders about database listings.
Start your termination case in 2 minutes
Five questions. Two minutes. You'll walk out knowing the list, the form, the fee, and your statutory deadlines.
One-off pricing, no subscription. Australian data, Sydney region.
NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.