NSW has banned ‘no fault’ evictions under a new law that will bring the state in line with other parts of the country, including Victoria.
Landlords currently have the power to end a lease without giving their tenant a reason. However, the NSW Government has passed legislation to ban this practice.
Notice periods for evictions will also be extended under the legislation.
The State Government said the reforms will be rolled out next year.
NSW renters
No-grounds or ‘no fault’ evictions mean landlords can legally end a lease without providing a reason.
The NSW Government has now passed a law to ban these evictions.
Under the new law, landlords will be required to disclose the reason for ending a lease.
This could include plans to sell, renovate, or move into the property, or if a tenant has damaged a property or not paid rent.
Other changes
The reforms will also extend the minimum notice period for renters on fixed-term leases of less than six months from 30 to 60 days.
Anyone on a six-month or longer lease will be given a minimum 90-day notice period of their lease ending, up from 60.
NSW Housing Minister Rose Jackson said these reforms give renters “a fair go” in the rental and housing crisis.
“We know how hard it can be for young people and families who are facing consecutive rent increases, unfair evictions and hidden fees.”
Tenant’s rights
The state’s peak tenants advocacy body, the Tenants’ Union, said the “long-overdue” changes are the first steps “toward a fairer and more balanced rental landscape.”
CEO Leo Patterson Ross said the ‘no-fault’ eviction ban is “the single most significant change” to something that has impacted “millions of renters”.
“Whether it was hesitating to ask for repairs or negotiate a rent increase… without protection from unfair eviction in place, we can’t rely on other parts of the law to function properly,” Ross said.
Elsewhere
South Australia, Victoria, and the ACT have all banned no-fault evictions.
Executive Director of advocacy group ‘Better Renting’, Joel Dignam, told TDA earlier this year that since the ban was implemented in the ACT, there has been a 0.3% increase in the number of properties available for rent.