Termination for Breach of Agreement

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If you want to end your tenancy agreement (fixedtermn or periodic) because the landlord has breached it, you can:

  • Give the landlord/agent a termination notice, or
  • Apply to the Consumer Trader and Tenancy Tribunal for a termination order – with or without first giving a termination notice.

Alternative to ending the tenancy

Rather than ending the agreement, consider applying to the Consumer Trader and Tenancy Tribunal for an order that the landlord fixes the breach. You may be able to settle the matter in conciliation with the landlord at the Consumer Trader and Tenancy Tribunal. see Factsheet 11: Consumer, Trader and Tenancy Tribunal and contact your local Tenants Advice and Advocacy Service for advice.

Giving a termination notice

If the landlord has breached the agreement, you can give them a 14-day termination notice. However, the landlord may make an application to the Consumer Trader and Tenancy Tribunal  to dispute the notice. If the Consumer Trader and Tenancy Tribunal  is satisfied that the landlord has fixed the breach, it may revoke your termination notice and the tenancy will continue.

Applying for a termination order

You can apply to the Consumer Trader and Tenancy Tribunal  for a termination order. A termination order ends the tenancy and specifies the day on which it ends. You must apply within 3 months of becoming aware of the breach. The Consumer Trader and Tenancy Tribunal  may make a termination order if it finds
that:

  • The landlord breached the tenancy agreement, and
  • The breach is sufficient to justify termination.

The Consumer Trader and Tenancy Tribunal  may decide not to end the tenancy if it decides that the landlord has fixed the breach or has taken steps to fix it.

Termination for rent increase in ‘long-term’ fixed-term agreement

You can give a 21-day termination notice because the landlord has increased the rent when your fixed-term agreement is for more than 2 years. You do not have to pay the landlord compensation or other additional amount for ending the agreement early.

Early termination on a prescribed ‘extraordinary’ ground

You can give the landlord a 14-day termination notice before the end of a fixed-term agreement on any of the following grounds:

  • you have been offered and accepted a place in social housing
  • you have accepted a place in an aged-care facility or you need care in an aged-care facility
  • the landlord wants to sell the premises and did not tell you this before entering into the tenancy agreement
  • a co-tenant or occupant or former co-tenant or occupant has been excluded from the premises by a final apprehended violence order.

You do not have to pay the landlord compensation or other additional amount for ending the agreement early. Vacating before end of your termination notice
You may give vacant possession at any time before the date on the termination notice. You may be liable to pay rent until the end of the notice period.

Withdrawal of termination notice

You may withdraw a termination notice at any time with the landlord’s (and any co-tenants’) consent. You may give a further notice on the same or another
ground however.

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Contacts

FURTHER HELP: Tenants Advice and Advocacy Services
Sydney

  • Inner 9698 5975
  • Inner West 9559 2899
  • South 9787 4679
  • South West 4628 1678
  • East 9386 9147
  • West 8833 0911
  • North 9884 9605
  • North West 9413 2677

Regional

  • Blue Mountains 1300 363 967
  • Central Coast 4353 5515
  • Hunter 4969 7666
  • Illawarra Sth Coast 4274 3475
  • Mid North Coast 6583 9866
  • Northern Rivers 6621 1022
  • Northwest NSW 1800 836 268
  • Southwest NSW 1800 642 609

Aboriginal

  • Sydney 9569 0222
  • West NSW 1800 810 233
  • South NSW 1800 672 185
  • North NSW 1800 248 913

Older persons 1800 131 310 Website www.tenants.org.au
NSW Fair Trading 133 220
This factsheet is intended as a guide to the law and should not be used as a substitute for legal advice. It applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.

 

Information supplied courtesy of the Tenants Union of NSW

Further information and advice for NSW tenants can be sourced from www.tenants.org.au

© Tenants’ Union of NSW