With the recent updates to NSW tenancy laws, many landlords are asking the same question: How do these changes actually play out in real situations?
We’ve just managed our first case under the new rules, and we thought it would be helpful to share the experience with you. Our aim is simple, to keep you informed, so you can feel confident navigating these changes while protecting your investment.
The Case: A Termination Notice Gone Sideways
Here’s what happened step by step:
A landlord issued a 90-day termination notice, planning for a family member to move into the property.
The tenant chose to vacate early, leaving within the first 30 days.
Unfortunately, the family member was unable to move in due to unexpected medical reasons.
The landlord provided a medical certificate and applied to NSW Fair Trading for an exemption from the six-month re-letting restriction.
Fair Trading approved the exemption.
However, even with the exemption, the property cannot be re-let until the full 90-day notice period has passed.
What This Means for Landlords
This case highlights some important lessons under the new tenancy laws:
Certainty is key – Before issuing a termination notice, be confident the stated reason (e.g. a family member moving in) will go ahead.
Exemptions are limited – If circumstances change, you can apply for an exemption from Fair Trading. But remember: this only relates to the six-month restriction, it doesn’t shorten the notice period.
Notice periods still apply – Even if a tenant moves out early, or you receive an exemption, the property can only be re-let after the original 90 days have fully expired.
Genuine grounds are essential – Termination notices must always be issued for genuine reasons and in line with the legislation, otherwise landlords risk complications later.
Our Advice
The new rules can feel a little complex, but you don’t have to figure them out alone. We’re here to:
Provide clarity on notice requirements.
Guide you through Fair Trading applications if unexpected issues arise.
Help ensure every decision keeps you compliant and protects your investment.
If you’re ever unsure about how the legislation applies to your situation, don’t hesitate to get in touch, we’re always happy to help – contact us 👉 HERE.
If you are curious about more real-life landlord experiences and tips under the new tenancy laws, check out our latest blog posts HERE and stay informed with expert insights. 💡