New tenancy laws 2025

You may have heard in the media about important changes to the NSW Tenancy laws.

We are a REI NSW best practice agency and utilise REI NSW forms and processess to ensure you receive

the best, most up to date service possible. 

The new laws have now been finalised by the NSW State Government and will take effect from
19th of May onwards.

The most impactful changes are around Pets in properties and new rules around termination notices served
on the tenant including increased notice periods and the requirement to provide evidence for why
the notice is being served.  
New leases and termination notices will be automatically adjusted when the time comes to reflect these changes.

Should you be considering giving your tenant notice, you will need to take into account the longer notice periods
and proof requirements as specifed below.

You will need to be familiar with the changes and how they affect you so please visit the NSW Fair Trading website as below
for information on all the changes-

https://www.nsw.gov.au/departments-and-agencies/fair-trading/changes-to-rental-laws



A SUMMARY OF THE MOST IMPORTANT CHANGES IS BELOW (from NSW FAIR TRADING)

Ending a tenancy (Termination by owner)

Landlords will need a reason and provide evidence to support it to end a tenancy for both periodic and fixed term leases.

This will include reasons such as:

The existing rules where the renter is at fault, because of a breach of lease, damage to the property, or non-payment of rent.

The property is being sold or offered for sale with vacant possession. 

The property needs to be empty for significant repairs or renovations or the property will be demolished.  

The property will no longer be used as a rental home, for example, it will instead be used for a business.

The landlord or their family intend to move into the property.

If the landlord wishes to end a lease, specific evidence must be provided with a termination notice, with penalties payable
by landlords who give a reason that is not genuine.

Heavy penalties apply to landlords or agents who provide a termination notice on a non-genuine ground or give
supporting documentation that is false or misleading.

Notice periods for leases ending

The amount of notice a renter must have before their lease ends will also increase for renters in a fixed-term lease. 

The notice will increase from 30 days to:

60 days, if the lease is six months or less, or

90 days, if the lease is more than six months.

There will be no change to notice periods for those on periodic agreements.(currently 90 days)

These longer notice periods will provide renters with more time to find a new home.  


Notice period for a tenant on an already expired lease (assuming less than a 20 year tenancy)

Remains at 90- days as before.

Tenants who have been at a property for over 20 years will need termination via NCAT Hearing unless the property is sold
with the tenant but subject to vacant possession, in which case 30 days notice can be provided.

Keeping a pet

The new laws will make it easier for renters to have pets in their home. A renter will be able to apply to keep a pet, with
the landlord only able to decline for certain reasons.

Landlords will need to respond to a pet request within 21 days. If they do not respond, the pet will be automatically approved.

Landlords will be able to refuse the pet if:

There would be too many animals at the property.

The property is unsuitable for the animal because of the fencing, or lack of open space, or because it would harm the animal’s welfare.

The animal is likely to cause more damage than the bond could repair.

The landlord lives at the property.

The animal would break other laws, local council rules, strata or community scheme by-laws, or a residential community rule.

The renter did not agree to a reasonable condition* for keeping the animal. (* to be clarified)

There will be limits on the kinds of conditions a landlord may ask for. For example, a landlord will not be able to ask a renter to increase
the bond or the rent as a condition for allowing the pet.  

It is also important to note that strata by-laws that ban all pets are not valid, and cannot be used to refuse a pet.

If a renter disagrees with a decision, they will be able to apply to the NSW Civil and Administrative Tribunal. 

These changes to keeping pets in rental homes will start on 19th May.

We understand there is a lot to take in. We are here to support you and welcome any questions you may have.

For more information about being a landlord- see the link below -

https://www.nsw.gov.au/housing-and-construction/rental-forms-surveys-and-data/resources/landlord-information-statement?utm_campaign=website&utm_medium=email&utm_source=email&utm_term=twillio

If you have any questions, please contact your manager.


Kind Regards,

The Directors 
O'Gorman & Partnrs Real Estate