What is the Maximum Rent Increase Allowed in NSW? [2025 Complete Guide]
Key Takeaways
Read our detailed guide below to discover how long a tenant can stay after the lease expires in NSW.
- Once a fixed-term agreement ends, it automatically becomes a periodic agreement
- Landlord must provide 90 days’ notice to end the tenancy without grounds
- Tenant must give 21 days’ notice during a periodic tenancy
- New laws require landlords to give reasons for ending tenancies from 2025
- Residential Tenancies Act 2010 protects tenant rights after lease expiry
Understanding Your Tenancy Agreement
Type of Tenancy Agreement After Expiry
When your fixed-term agreement ends in NSW, the Residential Tenancies Act 2010 provides that:
- The agreement converts to a periodic agreement automatically
- All original terms continue to apply
- No new paperwork is required
- Tenant can stay unless proper notice given
| Agreement Type | Notice Required (Landlord) | Notice Required (Tenant) |
| Fixed-Term End | 30 days | 14 days |
| Periodic | 90 days without grounds | 21 days |
| Property Sale | 30 days | Not applicable |
When Can a Landlord End the Agreement?
Termination Without Grounds
A landlord cannot end a fixed-term agreement without grounds before the last day of the term. However, for periodic agreements, the landlord is required to give:
- 90 days’ notice without grounds
- Written notice in proper format
- Valid reasons (from 2025)
Landlord Must Give Notice
When a landlord wants to end the tenancy, they must:
- Provide written termination notice
- State proper grounds (if applicable)
- Allow required notice period
- Wait for tenant to vacate the premises
Tenant Rights and Obligations
If Tenant Refuses to Leave
When a tenant refuses to leave:
- Landlord may apply to the NSW Civil and Administrative Tribunal
- Tribunal may make a termination order
- Order ends the tenancy on specified date
- Additional time may be granted in hardship cases
End of Fixed-Term Options
Tenants can:
- Continue under periodic agreement
- Negotiate new fixed-term agreement
- End the tenancy with proper notice
- Vacate by end date
Special Circumstances
Social Housing Provider
A social housing provider can end a tenancy agreement on certain grounds beyond standard provisions. Special rules apply for:
- Long term tenancy
- Caretaker residential tenancy agreement
- Hardship cases
Breach of Agreement
If tenant breached the agreement:
- Landlord is required to provide 14 days’ notice
- Tenant can fix the breach
- Tribunal may make a termination order
- Property must be returned to landlord
Legal Requirements
When Landlord Can Apply to Tribunal
Landlord can apply to the tribunal without giving notice if:
- Tenant threatened or abused the landlord
- Serious damage occurred
- Undue hardship exists
- Breach of agreement continues
Notice Periods for Ending Agreement
Different notice periods apply when:
- Landlord has entered sale contract
- Fixed term is ending
- Periodic agreement continues
- Breach needs remedy
Getting Help
For assistance:
- Contact NSW Government Fair Trading
- Seek advice from tenancy advocates
- Apply to NSW Civil Tribunal if needed
- Review obligations under the agreement
Recent Changes to NSW Rental Laws
As of October 2024:
- New laws affect termination rights
- Landlords must give reasons (2025)
- Additional tenant protections
- Modified notice requirements
Remember: Always maintain written records of all communications and seek professional advice if unsure about your rights or obligations under the Residential Tenancies Act 2010.
Frequently Asked Questions
What happens when a fixed-term agreement ends in NSW?
- Automatically becomes a periodic agreement unless the landlord gives termination notice
How much notice must a landlord give to end tenancy agreement?
- 90 days without grounds for periodic agreement, 30 days at end of fixed term
Can landlord end agreement without grounds in NSW?
- Cannot end fixed-term agreement early without grounds, must give 90 days for periodic
What happens if tenant refuses to leave after notice?
- Landlord may apply to NSW Civil Administrative Tribunal for termination order
Is end of lease cleaning a requirement at the end of a lease agreement?
- Under Fair Trading NSW regulations, tenants are required to leave the property in the same condition it was at the start of the tenancy, including its cleanliness. After moving out at the end of the rental term, thorough end of lease cleaning and sanitisation are crucial to securing the return of your bond.
When can landlord end fixed-term agreement early?
- Only with grounds like breach of agreement, must give proper notice
Do tenant rights change when fixed term becomes periodic?
- No, same rights continue under Residential Tenancies Act 2010
What notice must tenant give to end periodic agreement?
- 21 days’ written notice to landlord
Can social housing provider end tenancy agreement differently?
- Yes, special grounds apply under residential tenancy agreement rules
What happens under new laws if a tenant stays after the lease expires?
- Continues as periodic, the landlord must give reasons for termination from 2025
Must tenant vacate premises when the lease ends NSW?
- No, tenancy continues as periodic unless proper notice given
What are tenant obligations under the agreement after a fixed term?
- The same obligations continue during periodic agreement
When can a landlord apply to a tribunal without notice?
- For serious breaches, threats, or undue hardship
What notice period for end of a fixed-term agreement?”
- Landlord must give 30 days, tenant 14 days
Can the landlord end the agreement if selling the property?
- Must give 30 days’ notice after the contract of sale
What if the landlord wants to end the tenancy without grounds?
- Must wait for a fixed term to end, then give 90 days’ notice