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Question and Answer Tracking Details

5595 - EVICTION GROUNDS

Greenwich, Alex to the Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections

With regard to the Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025, which replaced Subsections (1) and (2) of Clause 23D of the Residential Tenancies Regulation 2019, with the effect of removing the requirement for landlords to provide evidence before evicting tenants on the ground of needing to conduct renovations or repairs:

(1) Who requested this change?

(2) When was that request made?

(3) Who was consulted before the change was made?

(4) What is the justification for the change?

(5) How will the Government monitor use of the renovations and repairs ground to ensure it is only used for genuine significant renovations and repairs that require the vacation of a property?

(6) Are any other requirements for evidence associated with an eviction in the regulation under review?

(a) If so, which ones and why?
Answer -
EVICTION GROUNDS

I am advised:

Evidence is required should a landlord wish to terminate a lease in order to carry out significant repairs or renovations at the rental property. A written statement, signed and dated by the landlord, must explain:

  • why the renovations or repairs are significant;
  • why the property must be vacant for the works to be carried out; and
  • the proposed commencement date of the works.

The Government undertook stakeholder consultation during the drafting of the Residential Tenancies Amendment Regulation 2025. Feedback was considered from both tenant advocates and industry stakeholders and informed the content of the Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025. The Government has taken a balanced approach to evidence requirements when ending a lease.

The Government has invested $8.4 million in the Rental Taskforce to monitor implementation of the rental reforms and enforce the legislation.

Question asked on 25 June 2025 (session 58-1) and printed in Questions & Answers Paper No. 119
Answer received on 30 July 2025 and printed in Questions & Answers Paper No. 122

The Parliament of New South Wales acknowledges and respects the traditional lands of all Aboriginal people, and pays respects to all Elders past and present. We acknowledge the Gadigal people as the traditional custodians of the land on which the Parliament of New South Wales stands.