How do I end the tenancy – NSW & VIC

The following information was written in March 2018 and all legislation referred to was relevant at the time of writing, but may change over time, but it’s likely this is what will be revert to as we move into COVID-19 normal.

New South Wales

A landlord is typically required to serve a signed written termination notice 14 days before the date of eviction.

This notice must indicate the property’s address, the eviction date and the reason for termination.

This reason must be valid.

If, for instance, a landlord claims non-payment and the tenant can provide proof that they have complied with the tenancy agreement and paid their rent, the tenant will not be required to vacate the property.

However, if the grounds for eviction are proven to be correct but the tenant does not leave by the specified date, the landlord has the right to obtain a warrant of possession, which will authorise officers to remove the tenant by force.


As is the case in NSW, Victorian landlords must provide a signed written notice, which can either be sent by post or delivered by hand.

If the tenant does not leave, the landlord has 30 days to request an order of possession from the tribunal.

This order includes instructions to vacate the home, the date of evacuation and a warning regarding forcible eviction should the tenant fails to comply.

If there is no compliance, a landlord can then obtain a warrant of possession to allow the authorities to remove the tenant.

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Jason Gwerder
Wednesday, 24 February 2021

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