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Why do tenancies end?

10 min read · 2nd, August, 2023
James Chetcuti, Founder, Trainer, Real Estate Agent and Auctioneer for RETSNSW

James Chetcuti

Founder / Trainer / Real Estate Agent and Auctioneer

In NSW, residential tenancy agreements are governed by specific laws regarding their termination.

Termination typically occurs through actions by the tenant, landlord, landlord’s agent, or via an order from the NSW Civil and Administrative Tribunal.

To gather insights into tenancy terminations and inform potential reforms, Fair Trading conducted an ongoing survey that started 2 August 2021. The survey aligns with provisions outlined in the NSW Residential Tenancies Act 2010.

Survey invitations are emailed, and participation is voluntary. Individual responses remain anonymous.

 


Survey Results

Termination notice from agent or landlord

Total Responses: 3000

 

Termination notice from tenant

Total Responses: 13176

 

Termination by order of Tribunal

Total Responses: 151

 

Other

Total Responses: 1225

 


 

Findings

There is a diverse range of circumstances and legal provisions that influence the relationship between landlords/agents and tenants.

These include breaches of tenancy agreements, such as late rent payments or other violations, the natural expiration of fixed-term agreements, the flexibility of terminating periodic leases without grounds, unforeseen events such as the death of a tenant or property damage, property sales, and administrative reasons.

Each of these factors contributes to the variety of responses observed in the data.

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