Ending a tenancy

Most tenancies are terminated by the tenant; about one in six are terminated at the instigation of the landlord (Australian Bureau of Statistics (2009) ‘Housing Mobility and Conditions, 2007-08’). A small but recently increased number are terminated by mortgagees when landlords default on their loans.

In any event, tenancies are terminated only in the circumstances set out at section 81 of the Residential Tenancies Act 2010(NSW) (the RT Act 2010). (There is a single, very narrow exception, relating to Part 7A of the Housing Act 2001 (NSW). See the section on ‘Registrable persons: termination by the Director-General’ in Social housing).

The most important things to remember are:

  • If you receive a termination notice, you can stay past the date in the notice; and
  • The Consumer, Trader and Tenancy Tribunal has the final word on whether and when you may have to move out.