2025 Tenancy Law Reform

2025 Tenancy Law Reform - Things to Note:

Changes to the Residential Tenancy Act 1986 (RTA) started on 30 January 2025 and affect both landlords and tenants.

90-day notice for no cause: Landlords can once again terminate a periodic tenancy in writing without having any reason by giving the tenant 90 days' notice.

42-day notice: Landlords can end a periodic tenancy by giving 42 days’ notice if:

• The owner or a family member would like to live in the property within 90 days of the tenancy ending; or
• The landlord has an unconditional sale agreement which gives the purchaser vacant possession; or
• The landlord requires the property for occupation by the landlord’s employees or contractors.

21-day notice:Tenants can end their periodic tenancy by giving 21 days’ notice.

Retaliatory terminations clarified

These changes come with a warning to landlords: If a tenant thinks the landlord’s notice to terminate the tenancy is “retaliatory” because it was issued in either of the scenarios listed below, the Tenancy Tribunal can declare the notice illegal:

• Scenario 1: The landlord was motivated by the tenant using, or proposing to use, any lawful right, power, authority, or remedy. For example, the tenant exercises the tenant’s right under the tenancy agreement to ask the landlord to undertake maintenance.
• Scenario 2: The landlord was motivated by an external authority taking action in respect of the tenancy. For example, where Tenancy Services Compliance and Investigations Team has become involved.

If a landlord terminates under either scenario above, the tenant can apply to the Tenancy Tribunal which can make orders:

• Declaring the notice was ineffective;
• Cancelling the notice (only available where the tenant applies within 28 working days of the notice being issued); or
• Declaring the notice was justified.



A retaliatory notice is an unlawful act, in which case the landlord could be liable to pay damages to the tenant of up to $6,500.

“No hearing” for abandonment declarations

If a tenant leaves a property, the landlord may apply to the Tenancy Tribunal for an abandonment declaration, without a hearing. The Tenancy Tribunal may make the abandonment declaration within 10 working days of the landlord’s application where it is satisfied that the tenant does not want to contest the application, and that the information provided by the landlord is sufficient, or only needs minor clarification.

Please contact us for advice if you are considering terminating a tenancy or if a tenant has abandoned your property.