Was the landlord's termination ground genuine?
From 19 May 2025, a NSW landlord generally can no longer end a tenancy "for no reason". A landlord’s termination notice must state a ground recognised by the amended Residential Tenancies Act 2010 (NSW) ("RTA") — and the landlord must mean it. From 1 July 2025, the landlord (or their agent) also has to complete a Rental Bonds Online survey disclosing why the tenancy ended when they claim or release the bond. NSW Fair Trading collects those reasons centrally and can investigate where the reason looks wrong.
That creates a paper trail for a tenant who suspects the ground was not genuine. This page separates two issues that are easy to confuse: whether the stated ground was genuine under sections 86, 89A and 111, and whether the notice was motivated by retaliation under section 115. The evidence may overlap, but the legal tests do not.
Important: forms, prescribed periods and enforcement guidance can change. Treat this as a starting point and verify the current position on nsw.gov.au/fair-trading before relying on any of it.
Information, not legal advice. Figures current as at 24 August 2026.
What this dispute is
A "false reason" termination is a notice that states a prescribed ground the landlord doesn't actually intend to follow through on. Common patterns: a notice for "significant renovations" where no renovation is planned; a "sale" notice where the property is quietly re-listed for rent within weeks; a "landlord moving in" notice where the landlord never moves in and the property is tenanted to a new household at a higher rent.
Two things have changed since the 2025 reforms. First, the landlord must state a ground on the notice — so they commit to a story in writing. Second, on bond claim or release they must complete the NSW Fair Trading termination-reason survey in Rental Bonds Online and tell the regulator how the tenancy ended (and, if the landlord ended it, why). Penalties apply for non-compliance and for false or misleading information.
NCAT can decide a dispute about the notice under section 111, including by declaring whether the ground was genuine. If the landlord applies for termination under section 89A, NCAT must also be satisfied that the stated ground was genuine. Giving a notice on a ground that is not genuine is an offence under section 86.
Section 115 is separate. It lets NCAT declare a notice retaliatory or refuse a termination order where the landlord was wholly or partly motivated by the tenant enforcing a right—for example, asking for repairs or applying to NCAT. A notice can be non-genuine, retaliatory, both or neither. A Fair Trading complaint is a third, regulatory route; it does not itself stop the termination.
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.
- Act promptlyAsk NCAT to decide whether the stated ground is genuine under section 111, or raise genuineness if the landlord applies for termination. Do not assume a section 115 period governs this different route.RTA ss86, 89A and 111
- 30 daysPrescribed period for a standalone s115 retaliation application for specified grounds including proposed sale, significant renovation, demolition, landlord/family occupation and change of useRTA s115 + Regulation
- 14 daysPrescribed period for a standalone s115 retaliation application for other termination noticesRTA s115 + Regulation
- 14 daysBond-claim deadline — landlord must complete the Rental Bonds Online termination-reason survey within this window after the initial bond claim (verify current period on nsw.gov.au)Rental Bonds Online survey
- Before the termination dateA tenant's standalone s115 declaration application must also be made before the termination dateRTA s115(3)
- Re-letting restrictionAfter a no-fault termination, the landlord generally cannot re-let for a prescribed period (often 6 months for sale/landlord-moving-in; shorter for renovation) without Fair Trading approval — verify the exact period on nsw.gov.auRTA Pt 5 + Regulation
The process, step by step
- 1
Read the termination notice forensically
The notice must (1) be in writing, (2) state the ground in terms the RTA recognises, (3) specify the termination date, and (4) give the minimum notice period for that ground. If the ground is "significant renovations or reconstruction", "sale with vacant possession", "landlord or family member moving in", "demolition", "change of use" or "tenant no longer eligible" for certain housing — those are the no-fault grounds that carry the longer notice periods and the re-letting restrictions you can rely on.
Note the ground exactly as written. You'll cross-check it later against (a) what the landlord actually does after you leave and (b) what they declare in the Rental Bonds Online termination-reason survey. A vague notice ("end of tenancy") without a prescribed ground may not comply with section 82; raise that separately from whether the ground is genuine.
- 2
Separate genuineness from retaliation
For a genuineness dispute, focus on the stated ground and objective evidence about whether it was real. For a section 115 retaliation issue, build a one-page timeline: the date of every repair request you made; the date of any rent-increase challenge, NCAT application or Fair Trading complaint; the date you raised a breach in writing; the date the termination notice arrived. A notice that lands within weeks of a repair escalation or NCAT lodgement is a strong retaliation pattern.
Section 115(2) RTA lists the kinds of tenant action that put a notice into the retaliation frame — applying to the Tribunal, taking action to enforce a right, or having an order in force against the landlord. If any of those events shortly precede the notice, lead with that in your submission.
- 3
Lock down the cross-check signals — before you move out
The landlord’s later conduct can be important evidence about whether the ground was genuine. Before you hand back the keys, set yourself up to capture it: bookmark the listing addresses on realestate.com.au, domain.com.au and the agent's own site; set a Google Alert for the property address; ask a friend in the area to walk past in the months after you leave.
Re-listing signals: the property advertised for rent within the re-letting restriction period after a sale or landlord-moving-in notice; the property advertised at a materially higher rent without any renovation; the same landlord/agent listing within weeks of a "renovation" notice with no work done. Photograph the listings (URL, date, address, rent visible) and save as PDFs.
Non-renovation signals where the ground was renovation: a walk-past showing the kitchen, bathroom or layout unchanged; absence of any council DA or complying-development certificate; the lack of any builder vehicles on site in the weeks the work was meant to happen.
- 4
Ask NCAT for the order that matches the issue
Use the Tenancy Application via NCAT Online (ncat.nsw.gov.au/apply), at any registry, or by post. For a non-genuine ground, consider asking for a declaration under section 111(2)(b) that the ground stated in the notice was not genuine. For retaliation, ask for the section 115 declaration. If the landlord has applied for termination, raise both applicable issues in your response and at the hearing.
A standalone section 115 application has a short prescribed period—currently 30 days for specified grounds and 14 days for other notices—and must be made before the termination date. Section 115(1) also applies when NCAT is considering a landlord’s termination application. Get urgent tenancy advice rather than assuming the standalone deadline answers every situation.
- 5
Report a suspected non-genuine ground to Fair Trading
Separately from any NCAT genuineness or retaliation issue, lodge a complaint with NSW Fair Trading at nsw.gov.au/fair-trading. Attach: the termination notice; your timeline; the post-tenancy re-listing evidence; any photos showing no renovation has taken place. Fair Trading has the power to investigate whether the reason disclosed in the Rental Bonds Online survey matches what actually happened and can consider enforcement action for a suspected offence.
A Fair Trading outcome does not directly give you the property back, but a confirmed mismatch between the notice ground and the landlord's actual conduct may support the evidence you give NCAT. Fair Trading decides whether to investigate or take enforcement action.
- 6
If you have already moved out, get advice promptly
Do not assume there is an automatic compensation order for a non-genuine ground. Vacant possession can itself end the tenancy under section 81(2), and a monetary claim needs an identified legal basis, jurisdiction, time limit, causal loss and evidence. Section 187 contains general NCAT order-making powers, but the result is fact-specific.
Preserve the notice, listings, receipts and correspondence; report the issue to Fair Trading; and ask a Tenants Advice and Advocacy Service or LawAccess NSW whether a section 111 declaration, compensation claim or another route remains available.
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 itself
Original copy plus proof of service (email header, postmark, photo of envelope). Note the ground stated and the termination date.
Your tenancy chronology — one page
Every repair request, NCAT application, Fair Trading complaint, breach letter and major communication, in date order. Make the retaliation visible.
Listing screenshots after you moved out
Print to PDF: realestate.com.au, domain.com.au, agent's own website. Include address, date, asking rent, source URL. Repeat at intervals.
Walk-past photos of the property post-tenancy
External shots showing no scaffolding, no skip bins, no builder vehicles in the period the renovation was meant to be happening.
Council DA / CDC search
If the notice was on a renovation or demolition ground, search the council's online DA tracker. The absence of a DA where one would be required is telling.
Rental Bonds Online termination-reason printout (if available)
If Fair Trading or a lawful NCAT process gives you access to the disclosed reason, compare it with the notice. Do not assume the survey is a public register.
Records of any rent-increase challenge or repair escalation
If the notice followed an exercised right, the chronology may support the separate section 115 motivation test.
Receipts for moving costs
Removalist, new bond, rent overlap, mail redirection and reconnection records may help quantify loss if advice confirms a compensation claim is available.
Common reasons people lose
Missing the s115 deadline
A standalone s115 application has a 14- or 30-day prescribed period and must be made before the termination date. Section 115 can also be raised when NCAT considers a landlord's termination application. Get urgent advice about which route is open.
No timeline — just a feeling
Members need to see the chronology. Walking in and saying 'the landlord retaliated' without dates is not evidence. Build the timeline page first.
Treating Fair Trading enforcement as a substitute
Reporting the false reason to Fair Trading is useful, but Fair Trading does not stop the eviction. Lodge at NCAT in parallel — don't wait for the regulator.
Speculating about the landlord's motive
Members care about evidence, not motive theories. Stick to dated events: notice date, exercised-right date, re-listing date, no-DA search result.
Moving out then trying to argue the notice was invalid
Giving vacant possession may end the tenancy under section 81(2). Seek urgent advice and apply before the termination date where possible.
Confusing 'no grounds' (pre-19 May 2025) with the new regime
If the notice was given on or after 19 May 2025 it must state a prescribed ground. A bare 'no grounds' notice after that date is defective.
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.
Declaration about whether the ground is genuine
Under section 111(2)(b), NCAT may declare that the ground stated in the termination notice was or was not genuine.
Declaration that the notice is retaliatory and has no effect
A formal declaration under s115 that the termination notice was retaliatory; the tenancy continues as if no notice had been given.
Refusal to make a termination order
Where the landlord has already applied for possession, NCAT can refuse to make the order on s115 grounds.
Compensation only where a legal basis is established
Compensation is not automatic. Identify the alleged breach, causal loss, NCAT's power, claim cap and applicable time limit before requesting it.
Costs in limited circumstances
Costs orders are uncommon in tenancy matters but are possible where a party has acted unreasonably or the claim exceeds the costs threshold.
Separate Fair Trading complaint
Report a suspected non-genuine ground, false supporting material or prohibited re-letting to Fair Trading. The regulator decides whether to investigate or take enforcement action.
Free help
- NSW Fair Trading — Landlord ending a tenancy
Government page covering the post-19-May-2025 grounds and the re-letting restrictions.
- Tenants' Union NSW — tenancy law change
Tenant-focused explainer of the 2025 reforms with sample letters.
- Tenants' Advice & Advocacy Services (TAAS)
Free local tenant advice — find your nearest service.
- NCAT — apply online
Lodge your s115 application via NCAT Online.
- Residential Tenancies Act 2010 (NSW) — ss111 and 115
The separate genuineness-dispute and retaliatory-eviction provisions.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
Questions self-reps ask
How do I prove the landlord lied about the reason?
You don't have to prove dishonesty — you have to show the ground isn't genuine. The strongest signals are post-tenancy: the property re-listed for rent during the no-fault re-letting restriction window, the renovation never happened, the landlord never moved in.
Capture listing PDFs, relevant photos and council planning records. That evidence goes to genuineness under section 111. A chronology showing the notice followed an exercised right may separately support a section 115 retaliation issue.
What is the Rental Bonds Online termination-reason register?
Since 1 July 2025, when the bond is claimed or released the landlord or agent must complete a Fair Trading survey in Rental Bonds Online stating who ended the tenancy and (if the landlord) why.
It's the regulator's tool to spot patterns of false grounds — not a public register. You can ask Fair Trading to investigate where the reason disclosed doesn't match the notice or the landlord's later conduct.
How long do I have to challenge a termination notice as retaliatory?
For a tenant’s standalone section 115 application, the prescribed period is 30 days for no-fault grounds (sale, significant renovation, demolition, landlord/family moving in, change of use, eligibility) and about 14 days for other grounds.
The application must also be made before the termination date. Verify the current category and period on nsw.gov.au or legislation.nsw.gov.au. Section 115 can also arise when NCAT considers a landlord’s termination application.
I've already moved out — is it too late?
Moving out changes the position because a tenancy can end when notice and vacant possession combine under section 81(2). Do not assume compensation is automatic.
Preserve the evidence, report suspected offences to Fair Trading and get prompt advice about any section 111 or compensation route and its time limit.
What's the re-letting restriction and how long does it last?
Some termination grounds prevent the landlord from entering a new tenancy for a prescribed period unless Fair Trading grants approval. The period is ground-specific: the current official page gives six months for proposed sale and four weeks for significant renovations, while other grounds differ.
Verify the ground on the notice against the current NSW Fair Trading table before relying on a period.
Do I need to report it to Fair Trading first before going to NCAT?
No general Fair Trading pre-step is stated for an NCAT section 111 genuineness dispute or section 115 retaliation issue.
A parallel complaint may be useful, but it does not replace an urgent NCAT application or response. NCAT and Fair Trading perform different functions.
Can NCAT order the landlord to take me back if I've already left?
Do not assume NCAT can restore the old tenancy after vacant possession, especially if another tenancy has begun. Section 81(2) says notice plus vacant possession can end the tenancy.
Get urgent advice and seek any section 111 or 115 relief before the termination date and before moving out where possible.
Related guides
- Challenging a renovictionThe renovation-ground specifics and how to test the notice.
- Eviction noticesCheck if a termination notice is valid and how to respond.
- What to expect at an NCAT hearingA self-rep's walkthrough of hearing day, start to finish.
- Building your evidence bundleIndex, pagination, filing and service—the bundle NCAT can follow.
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TribunalReady is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 24 August 2026 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.