New South Wales to make it harder for landlords to evict tenants

Australian state concerned about soaring rents, lack of available rental properties

- Jonathan Pearlman

SYDNEY - New South Wales (NSW) is set to become the latest Australian state to crack down on landlords looking to profiteer from an overheated housing market, signalling it will introduce laws to make it harder for property owners to evict tenants.

Concerns about soaring rents and a lack of available rental properties have prompted the country's most populous state to contemplate a ban on "no-grounds evictions" through legislation due to be introduced in coming weeks.

The measure is in line with rules on eviction already in force in other Australian locales - such as Victoria and the Australian Capital Territory that limit a landlord's ability to evict a tenant without just cause.

This will end the current practice that allows landlords to evict tenants without a reason, simply by giving them up to 30 days to leave their home at the end of a fixed-term lease or up to 90 days for a periodic, or open-ended, tenancy.

Instead, the NSW government will allow landlords to force a tenant to move out only for a specific set of reasons, such as if they plan to sell the property, or if the tenant has caused damage, or failed to pay rent.

The rules will apply to all tenancies, so a landlord must have a reason to evict tenants even if their lease term is ending or if they are not on a fixed-term lease.

Currently, landlords are required to have grounds for evictions only if they are ending a fixed-term lease before it expires.

NSW Premier Chris Minns told The Sydney Morning Herald on Aug 12 that the measures - announced on July 28 and due to take effect in early 2025 - are needed to address a "crisis" that has led to spiralling rents, and is prompting younger people to leave the state.