(NSW) Reinstate Evidentiary Requirements for Renovation Evictions

Ishika Das, Zehra Yamac, Irene Jophy & Helene Opsahl
Aug 8
9 min read

Author: Ishika Das, Zehra Yamac, Irene Jophy & Helene Opsahl | Publish date: 8/8/2026

P: In NSW, landlords can evict a tenant for significant renovations or repairs by providing only a written statement, with no supporting evidence required.
S: The NSW Minister for Better Regulation and Fair Trading should amend Clause 23D of the Residential Tenancies Regulation 2019 (NSW) to require landlords to provide supporting evidence when issuing termination notices for significant repairs or renovations.
E: Tenants' Union of NSW (2025): ‘Amend the Residential Tenancies Regulation to reinstate all the evidence requirements for landlords seeking to issue a notice of termination due to significant repairs or renovations.’

Problem Identification:

In 2025, Clause 23D of the Residential Tenancies Regulation 2019 (NSW) was amended so that landlords are no longer required to provide additional evidence to evict a tenant for significant renovations or repairs. Before this, landlords were required to provide a written statement and at least one piece of evidence, such as a written quotation by a qualified builder.

According to the Tenants’ Union of NSW (TUNSW), this means that a landlord ‘only [has] to provide a written statement, with no supporting evidence, to evict a tenant.’ A joint statement with 32 organisations noted that ‘without the full evidence requirements … there is a real risk that the Government’s commitment to end no grounds evictions … will be undermined.’

Context:

The TUNSW defined ‘renovictions’ as ‘evicting a tenant from their home under the guise of needing to perform renovations or repairs when the real motive is to … bring in new tenants at significantly higher rents.’

No grounds evictions refer to the removal of a tenant ‘at the end of a fixed-term lease, or during an on-going lease, without giving any reason’. This was outlawed from 19 May 2025, requiring landlords to provide a valid reason with additional evidence for ending a tenancy. However, a UNSW report stated that on 20 June, ‘the requirement to provide evidence [for renovations and repairs] was quietly scrapped … without any public consultation.’

The Parliamentary Research Service reported that ‘over 2 million people [were] liv[ing] in rental homes in NSW’ in 2024. According to the TUNSW, 43% of landlords terminated tenancies ‘without specific grounds’. They further stated an ‘overwhelming majority (71%) of no grounds evictions occur for renters on fixed-term leases.’

Arguments:

Community Legal Centres NSW stated the decision to remove the additional evidence requirement ‘opens the door for landlords to exploit repair or renovation provisions to carry out unfair evictions’. Shelter NSW argued that legitimising renovation and repair as a valid reason to evict tenants allows ‘landlords to justify their dereliction of duty with an eviction notice.’ In a personal testimony, 2 tenants reported receiving an eviction notice after taking their landlord to the NSW Civil and Administrative Tribunal (NCAT) over plumbing issues. After vacating, they discovered new residents had moved in without renovations, contrary to the landlord's claim. Shelter NSW further stated, ‘landlords may opt to let their properties deteriorate to the point of needing to “evict” for what were once basic or urgent repairs’. As the TUNSW CEO Leo Patterson Ross stated, removing the requirement for additional evidence doesn’t align with the ‘guarantee that non-genuine evictions will be prevented.’

Patterson Ross argued that ‘people are discouraged from challenging, and even if [a claim] is completely off the wall, it’s rational to acquiesce’. Housing policy experts Prof. Alan Morris and Chris Martin highlighted that ‘the possibility of renoviction … and the limited discretion of the tribunal means the power of landlords in NSW is still excessive.’ They noted, ‘only if the tenant can prove the termination notice is motivated by retaliation … can the tribunal refuse to evict.’ The Law and Justice Foundation of NSW reported ‘this imbalance [has] tangible emotional and practical consequences’, leaving some tenants ‘overwhelmed during negotiations or feeling unable to advocate effectively.’ According to Morris et al. (2025), ‘despite legislation mandating the rights of tenants, ultimately the balance of power is massively in favour of landlords.’

Advice/Solution Identification:

A joint statement by the Tenants’ Union of NSW, Aboriginal Legal Service NSW/ACT, Anglicare Australia, Redfern Legal Centre, Homelessness NSW, Mission Australia and 26 other organisations have called for the reinstatement of documentary evidence requirements for renovation-based evictions. The Tenants’ Union of NSW has stated that this could ‘ensure only genuine termination grounds are being used in NSW.’

Precedent:

There is domestic precedent for requiring documentary evidence in renovation-based evictions. In VIC, landlords issuing a notice to vacate for renovation must provide documented evidence, such as building permits.

Public Support of the Solution:

(This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief or other listed organisations.)

Broad support:

Australian Housing and Urban Research Institute - They have recommended ‘removing “no-grounds” justification for evictions where in place’. However, they have not explicitly called for the reinstatement of documentary evidence requirements for renovation-based evictions.
Centre for Equitable Housing - They have recommended that ‘legislation should seek to outlaw no-grounds evictions under all circumstances.’ However, they have not explicitly called for the reinstatement of documentary evidence requirements for renovation-based evictions.
Inner Sydney Voice - They have stated that ‘any proposed legislative package needs to prioritise the rights and welfare of renters to establish fairness’. However, they have not explicitly called for the reinstatement of documentary evidence requirements for renovation-based evictions.

News Coverage:

Tenants’ Union of NSW - “Renoviction but no renovation?”. This personal testimony shared that tenants were evicted from their long-term rental under the claim of significant renovations, shortly after pursuing repairs through NCAT. They later discovered the property had undergone mostly cosmetic changes and had been quickly relet. By: Zuzia Buszewicz | 3 February 2026 - Read the article here.
The Guardian - “When Ziggy’s bond was withheld after eviction without cause from his Sydney rental, he challenged it – and won”. This article reported on how rising costs and the fear of being blacklisted often discourage vulnerable renters from disputing unfair deposit withholdings by landlords. By: Luca Ittimani | 18 September 2025 - Read the article here.
ABC News - “Landlord ordered to pay tenant compensation amid calls for landlord register”. This article discussed calls for a landlord register in NSW following a tribunal case where a tenant was awarded compensation for harassment. This highlighted that more oversight is needed to hold landlords accountable. By: Elloise Farrow-Smith | 19 May 2025 - Read the article here.
ABC News - “How Sydney's boarding houses evict residents in favour of students, 'millionaires' or those able to pay more”. This article reported on Sydney developers using property upgrades as a legal pretext to evict vulnerable tenants and convert affordable boarding houses into luxury residences or high-profit student accommodation. By: Catherine Hanrahan | 17 September 2024 - Read the article here.

Where to go to learn more:

(2025) Joint statement: Reinstate evidence requirements for evictions due to repairs or renovations | Tenants' Union of NSW - This joint statement (signed by 32 organisations) called for the NSW Government to reinstate all evidence requirements for landlords seeking to issue a notice of termination due to significant repairs or renovations. Read the full statement here.
(2025) NSW’s ‘renovictions’ loophole could undermine the progress made with no‑grounds evictions | The Conversation - This article argued that NSW’s ban on no-grounds evictions could be undermined by the ‘renoviction’ loophole that lacks the legal safeguards to stop landlords from using renovations as a pretext for unfair evictions. Read the full article here.
(2025) Study of Tenancy Dispute Experience and Preparedness at NCAT | Law and Justice Foundation of NSW - This report examined the experiences of tenants at the NSW NCAT, noting that inadequate legal preparedness and systemic barriers often disadvantage renters during dispute resolutions. Read the full report here.
(2025) The impacts of the threat of eviction or actual eviction on private renters in two Australian states | Alan Morris, Yiran Li, Joelle Moore & Thi Thanh Mai Giang - This research article examined how various forms of eviction and displacement in the private rental sectors of NSW and QLD create residential instability. They argued that this is negatively impacting tenants’ wellbeing and reinforcing systemic power imbalances between renters and landlords. Read the full article here.
Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025 (NSW) - Read the full amendment here.
Residential Tenancies Amendment Regulation 2025 (NSW) - Read the full Regulation here.

Human Perspective:

Harper and her daughter finally found a place they could call their own after years of shared housing. It was a 2-bedroom rental in inner western Sydney, close to her daughter’s school and her job. The rent was steep but manageable, just as long as nothing went wrong. However, the bathroom drain repeatedly became blocked, and the hot water system failed. Harper lodged a maintenance request with the agent, but months passed with no resolution. When the agent pushed through a rent increase she couldn’t absorb, Harper challenged the unaffordable rent increase. However, within weeks, she received a termination notice stating that her family had to move out due to ‘significant renovations’. This left Harper with little time to find another place. She eventually found a new unit, but it was further from her daughter’s school and workplace and more expensive. The circumstances of her eviction prompted her to keep an eye on online real estate sites in case their old home came up again. 8 weeks later, her old home was back on the market. The bathroom looked the same, but the hot water system had been replaced. The rent had also been significantly increased compared to what she had been paying. Harper filed a complaint with NSW Fair Trading alleging an unfair eviction, and an investigation was opened. To date, she is still waiting for an outcome. This experience left Harper feeling powerless against her landlord and forced her through the exhausting and financially distressing upheaval of moving home.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

N/A.

Support

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Disclaimers

Please review all FORE disclaimers here.

Reference list:

A Better Deal For Renters. (n.d.). FAQs. https://www.rentersrights.org.au/faqs

Buszewicz, Z. (2026, February 3). Renoviction but no renovation? Tenants’ Union of New South Wales. https://www.tenants.org.au/blog/renoviction-no-renovation

Butler, K., Davies, K., & Kothe, E. (2025). Study of Tenancy Dispute Experience and Preparedness at NCAT. Law and Justice Foundation. https://lawfoundation.net.au/wp-content/uploads/2025/06/STEP-Study_v8_-FINAL.pdf

Consumer Affairs Victoria. (2026). Notice to vacate in rental properties. https://www.consumer.vic.gov.au/housing/renting/moving-out-giving-notice-and-evictions/notice-to-vacate/notice-to-vacate-in-rental-properties

Ittimani, L. (2025). When Ziggy’s bond was withheld after eviction without cause from his Sydney rental, he challenged it – and won. The Guardian. https://www.theguardian.com/australia-news/2025/sep/18/sydney-rental-bond-withheld-after-eviction-without-cause-tenant-challenged-it-won

Moon, J. (2023, September 1). Rental realities in NSW: New insights from the End of Tenancy Survey. Tenants’ Union of New South Wales. https://www.tenants.org.au/blog/rental-realities-nsw-new-insights-end-tenancy-survey

Morris, A., Li, Y., Moore, J., & Giang T. T. M. (2025). The impacts of the threat of eviction or actual eviction on private renters in two Australian states. International Journal of Housing Policy, 1–28. https://doi.org/10.1080/19491247.2025.2482206

Morris, A., & Martin, C. (2025, August 18). NSW’s ‘renovictions’ loophole could undermine the progress made with no-grounds evictions. UNSW. https://www.unsw.edu.au/newsroom/news/2025/08/NSW-renovictions-loophole-undermine-progress-nogrounds-evictions

Morris, A., & Martin, C. (2025, August 15). NSW’s ‘renovictions’ loophole could undermine the progress made with no-ground evictions. The Conversation. https://theconversation.com/nsws-renovictions-loophole-could-undermine-the-progress-made-with-no-grounds-evictions-262611

NSW Government. (2025, November 18). Landlord ending a tenancy. https://www.nsw.gov.au/housing-and-construction/rules/landlord-ending-a-tenancy

Residential Tenancies Amendment Regulation 2025 (NSW). https://legislation.nsw.gov.au/view/pdf/asmade/sl-2025-139

Residential Tenancies Regulation 2019 (NSW). https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2019-0629

Roth, L., & Lamerton, C. (2024). Residential tenancy law reforms: No grounds evictions (Research Paper No. 2024-05). NSW Parliamentary Research Service. https://apo.org.au/sites/default/files/resource-files/2024-06/apo-nid327110.pdf

Shelter NSW. (2023, August 18). Improving NSW rental laws Consultation Paper [Submission]. https://shelternsw.org.au/wp-content/uploads/2023/08/230818_ShelterNSW-response-to-improving-rental-laws-consultation-paper_submission_finalproofread_KC.pdf

Silva, F. (2025, July 31). New eviction laws criticised by renters’ advocates. Law Society of NSW Journal. https://lsj.com.au/articles/new-eviction-laws-criticised-by-renters-advocates/

Tenants’ Union of New South Wales. (2025, July 19). Help protect against renovictions! https://www.tenants.org.au/news/help-protect-against-renovictions

Tenants’ Union of New South Wales. (2025, July 19). Joint statement: Reinstate evidence requirements for evictions due to repairs or renovations. https://www.tenants.org.au/news/joint-statement-renovictions

Tenants’ Union of New South Wales. (2025, June 20). NSW Government undermines tenant protections against eviction. https://www.tenants.org.au/news/nsw-government-undermines-tenant-protections-against-eviction

Tenants’ Union of New South Wales. (2026, April). Eviction – landlord ends tenancy [Factsheet]. https://www.tenants.org.au/factsheet-eviction