Got a 'renovation' termination notice? How to challenge a renoviction in NSW
From 19 May 2025, NSW landlords can no longer end a tenancy for no reason. Every termination now needs a valid ground — and one of those grounds is significant renovations, repairs or reconstruction that need the property to be vacant. The risk for renters is obvious: a landlord who wants you out can dress an ordinary turnover up as a "renovation" to dodge the new rules. That's a renoviction.
This page covers how the renovation ground is supposed to work, what NCAT weighs when a tenant says a notice isn't genuine, retaliatory-termination defences, and the re-letting restriction that can catch out a landlord who never really intended to renovate.
Important: the 2025 reforms are recent and the fine detail — especially what documents a landlord must hand over — has already been amended once. Treat the specifics below as a starting point and verify the current position on nsw.gov.au/fair-trading before you rely on any of it.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
Before 19 May 2025, a NSW landlord could end a periodic tenancy (or a fixed term at its end) for any reason or no reason, as long as they gave the right notice period. That "no grounds" pathway is gone. A termination notice now has to state a prescribed ground from the amended Residential Tenancies Act 2010 (NSW) ("RTA") — and the landlord has to actually mean it.
The prescribed grounds include: significant renovations, repairs or reconstruction that require the premises to be vacant; demolition; sale with vacant possession; the landlord or a family member moving in; a change in the use of the property; the tenant ceasing to be eligible for certain affordable, transitional or student housing; breach by the tenant; and some extraordinary grounds. Each ground carries its own notice period and, for the no-fault grounds, its own re-letting restriction.
The renovation ground is meant for genuine, substantial work — not a repaint between tenants. The reform language is "significant" renovations or repairs, and the work has to genuinely require the property to be empty. A renoviction is the abuse of that ground: a landlord who actually wants a higher-paying tenant, or who is annoyed that you asked for repairs, using "renovation" as cover. NCAT can refuse to terminate, or set the notice aside, where the ground is not made out.
The moving part to watch. When the reform commenced on 19 May 2025, a landlord relying on the renovation ground had to give the tenant a written statement plus one of a short list of supporting documents — for example a quote from a licensed builder or tradesperson, a development consent, or receipts for building materials. About a month later a regulation (the Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025) wound that documentary-evidence requirement back. The upshot is that the formal evidence a landlord must attach may now be lighter than it first was. That does not mean the landlord can lie — the ground still has to be genuine and penalties apply to false or misleading notices — but you should not assume a builder's quote will automatically be in your notice. Verify the current documentary requirement on nsw.gov.au before you argue about it.
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.
- ~90 daysNotice for a renovation/no-fault ground — periodic or fixed term over 6 months (verify)RTA as amended 2024-25
- ~60 daysNotice where the fixed term is 6 months or less (verify)RTA as amended 2024-25
- 4 weeksRe-letting restriction after a renovation/repair-ground terminationResidential Tenancies Regulation (as amended 2025)
- Before the dateTenant should apply to challenge a retaliatory or non-genuine notice before the termination dateRTA s115 / general
- 14 daysInternal appeal window for residential proceedingsNCAT Guideline 1
The process, step by step
- 1
Read the notice and pin down the ground
A valid notice must be in writing, identify the premises and the tenant, state a termination date, and state the prescribed ground it relies on. For a renovation notice, look for the specific claim: what work, why it's significant, and why the property has to be vacant for it. A notice that just says "renovations" without explaining why you need to leave is weak.
Check the notice period against the date. As a rough guide it's around 90 days for a periodic tenancy or a fixed term over six months, and around 60 days for a fixed term of six months or less — but confirm the exact period for your situation on nsw.gov.au, because the schedule is ground-specific.
- 2
Ask whether the renovation is genuine — and gather the signs it isn't
The core question is whether the landlord genuinely intends the significant work and genuinely needs the property empty. Things that suggest a renoviction: no development application or council approval where the described work would clearly need one; no builder engaged; the property re-advertised to let shortly after you leave; cosmetic work only (a repaint or new carpet doesn't usually require vacancy); the notice arriving soon after you asked for repairs, disputed a rent increase, or complained.
Politely ask the landlord or agent, in writing, what the work is, when it starts, who's doing it, and whether approvals are in place. Their answer (or silence) becomes evidence. Keep every reply.
- 3
Decide whether to stay and challenge
A termination notice is not an eviction. Only NCAT can make a termination order and only the NSW Sheriff can execute a warrant for possession. If you believe the renovation ground isn't genuine — or the notice is retaliatory, defective in form, or short on notice — you can stay and contest it rather than move out.
Don't vacate on a notice you think is bogus. Once you leave, the tenancy has ended and there's nothing for NCAT to set aside. If you're unsure, get free advice from a Tenants' Advice & Advocacy Service before you do anything.
- 4
Get to NCAT — who files and when
Often the landlord files first, asking NCAT for a termination order. You'll get a Notice of Listing as respondent; file a short response setting out why the ground isn't genuine, any defect in the notice, and any retaliation argument. If you want to take the initiative — for example to have a retaliatory notice declared and set aside before the termination date — you can lodge first using the Tenancy / Social Housing Application.
Whichever way round, move before the termination date. A retaliation challenge in particular should be in before the date on the notice.
- 5
Conciliation and hearing
NCAT lists termination matters quickly, usually with a combined conciliation and hearing. At conciliation, a landlord whose "renovation" can't withstand questions may withdraw or offer a deal. If you don't agree, the matter is heard the same day.
At hearing, the landlord must establish the ground. Press on the detail: what work, what approvals, what builder, why vacancy is needed. Put your chronology — when you complained or disputed something, when the notice arrived — and raise the re-letting restriction: a landlord who plans to re-let quickly is not renovating.
- 6
If a termination order is made — and what the freeze does
If NCAT is satisfied the ground is genuine, it sets a possession date. NCAT can take the tenant's and household members' circumstances into account in setting that date, so ask for the time you actually need and bring evidence (children at local schools, medical treatment, caring responsibilities).
After a renovation-ground termination the landlord generally can't re-let the property for 4 weeks without Fair Trading approval; other no-fault grounds carry longer freezes (commonly six months for sale, owner moving in or demolition, and longer again where the property stops being a rental). If you later see the place re-advertised inside the restriction, that's a Fair Trading enforcement matter — report it.
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 and how it was served
Original or printed PDF, plus proof of service (email header, postmark, photo of the envelope). The stated ground and date are the spine of the case.
Any 'supporting documents' the landlord gave you
A written statement about the work, and any quote, approval or DA. The required attachments changed in mid-2025 — keep whatever you received and verify on nsw.gov.au what the current requirement is.
Your written questions to the landlord/agent and their replies
What's the work, when does it start, who's the builder, are approvals in place? Evasive or empty answers undercut a 'genuine renovation' claim.
Evidence the work is cosmetic or doesn't need vacancy
Photos of the property's actual condition; the nature of the described work. A repaint or new carpet rarely requires you to move out.
Council / planning records
Where substantial structural work is claimed, a DA or approval would usually be on the public record. Its absence is telling. (Verify whether the work would in fact need consent.)
A one-page chronology
Date you asked for repairs or disputed a rent increase or complained; date the notice arrived; every event in between. Members read chronologies — this is the retaliation case.
Re-letting evidence (if it appears)
Screenshots of the property re-advertised to let after you leave, with dates. Strong contradiction of a renovation ground and a Fair Trading reporting matter.
Evidence of hardship
Medical, dependent children, school enrolment, disability — relevant to the time NCAT allows you to vacate if a termination order is made.
Common reasons people lose
Moving out on a notice you think is bogus
Once you leave, the tenancy is over and there is nothing for NCAT to set aside. If you intend to contest, stay until the orders.
Not appearing at NCAT
If you don't turn up, NCAT can make orders in your absence. The landlord's version of the 'renovation' goes unchallenged.
Arguing the renovation is fake with no evidence
Asserting 'they don't really mean it' isn't enough. Build the picture: no approvals, no builder, cosmetic-only work, quick re-advertising, suspicious timing.
Overstating the documentary requirement
The evidence a landlord must attach was wound back in mid-2025. Don't stake the case on a missing builder's quote you assume the law requires — check the current rule on nsw.gov.au and argue genuineness instead.
Missing the retaliation window
A s115 retaliatory-action challenge should be made before the termination date. Don't wait for the date to arrive.
Falling into rent arrears while you fight
Keep paying your rent. Arrears open a separate non-payment termination route that has nothing to do with the renovation argument.
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 renovation ground isn't made out or the notice is defective, NCAT can decline to terminate and the tenancy continues.
Order declaring the notice retaliatory and setting it aside
Under RTA s115, NCAT can find a notice was given in retaliation for the tenant exercising a right and set it aside.
Termination order with a possession date
If the ground is genuine, NCAT sets the date to vacate, taking the tenant's and household members' circumstances into account.
Compensation
Where a tenant suffers loss from an unlawful or improperly grounded termination, NCAT can order compensation. (A non-genuine ground may also be a penalty matter for Fair Trading.)
Orders about a database listing
Where listing on a tenancy database is in issue, NCAT can make orders requiring an inaccurate listing to be amended or removed.
Free help
- NSW Government — Landlord ending a tenancy (2025 reforms)
The official, current explainer of grounds, notice periods, supporting documents and re-letting restrictions. Verify the renovation detail here.
- NSW Fair Trading — changes to rental laws
Overview of the 19 May 2025 reforms and the Rental Taskforce.
- Tenants' Union NSW — the law change
Independent, renter-focused explanation of the reforms and the 'renoviction' concerns.
- Tenants' Advice & Advocacy Services (TAAS)
Free local advice — strongly recommended for any termination case.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
- Residential Tenancies Act 2010 (NSW)
The legislation as amended — termination grounds and s115 retaliation.
Questions self-reps ask
What exactly changed on 19 May 2025?
From 19 May 2025, NSW abolished "no grounds" termination. A landlord must now give a prescribed reason to end any tenancy. Grounds include significant renovations/repairs needing the property vacant, demolition, sale, the landlord or family moving in, change of use, certain housing-eligibility changes, and tenant breach.
Each ground has its own notice period and, for the no-fault grounds, a re-letting restriction. Because the reforms are recent and have already been amended once, verify the current detail on nsw.gov.au before relying on it.
What is a 'renoviction'?
A renoviction is using the significant-renovation ground as a pretext to remove a tenant the landlord could no longer evict "no grounds" — to re-let at a higher rent, or in response to a repair request or complaint.
The ground is meant for genuine, substantial work that needs the property empty. NCAT can decline to terminate or set the notice aside where it isn't genuine, and penalties can apply to a false or misleading notice.
Does the landlord have to prove the renovation with a builder's quote or DA?
Be careful — this is the part of the reform that changed. When it commenced on 19 May 2025, a landlord using the renovation ground had to give a written statement plus one of a short list of supporting documents, such as a builder or tradesperson quote, a development consent, or building-materials receipts.
A regulation passed about a month later wound that documentary-evidence requirement back. So don't assume a builder's quote will be attached. The ground still has to be genuine and false notices attract penalties — but the formal documents required can be lighter than they first were. Confirm the current requirement on nsw.gov.au.
How long is the notice period for a renovation eviction?
As a rough guide it's around 90 days for a periodic agreement or a fixed term over six months, and around 60 days for a fixed term of six months or less.
The exact period is ground-specific — check your situation on nsw.gov.au. If the notice gives less than required, that's a defect you can raise at NCAT.
Can the landlord re-let the property straight after I leave?
Not immediately. A re-letting restriction applies after a no-fault termination. For significant renovations or repairs the freeze is generally 4 weeks; other grounds carry longer freezes — commonly around six months for sale, owner moving in or demolition, and longer where the property stops being a rental.
Re-letting during the restriction without Fair Trading approval is an offence. If you see the place re-advertised inside the freeze, that undermines a "renovation" claim and is worth reporting to Fair Trading.
The notice arrived right after I asked for repairs. Is that relevant?
Very. Section 115 of the RTA lets NCAT declare a termination notice retaliatory and set it aside if it was given in response to the tenant exercising a right — asking for repairs, disputing a rent increase, complaining, or applying to NCAT.
Bring the chronology: the date of your action and the date the notice arrived. A notice landing within weeks of you exercising a right is a strong retaliation pattern. Apply before the termination date.
What happens if I just ignore the notice?
Don't. A termination notice isn't an eviction, but ignoring it is risky. If the landlord applies to NCAT and you don't appear, NCAT can make a termination order in your absence.
Stay in the property, keep paying rent, gather your evidence, and turn up to the hearing to put your case that the renovation ground isn't genuine.
Related guides
- Got an eviction notice? Fight it at NCATThe parent guide: grounds, notice periods, defective notices and defences after the 2025 reforms.
- What to expect at an NCAT hearingHow a tenancy hearing runs, who goes first, and how to present your chronology.
- Disputing an excessive rent increaseIf the real motive is a higher rent, this is the other half of the picture.
- Building your NCAT evidence bundleHow to assemble the chronology and documents that show a 'renovation' isn't genuine.
Test your renovation notice 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.