No-Grounds Eviction Ban: What NSW and VIC Tenants Need to Know

A no-grounds eviction (sometimes called a 'no-fault eviction') is when a landlord ends a tenancy or refuses to renew a lease without providing any specific reason. It was legal across Australia until recently, and remains legal in WA and TAS.

Under the old system, a landlord could simply send a 'notice to vacate' with 60 days notice at the end of a fixed-term lease or during a periodic tenancy, and you had no recourse if you did not want to leave. The ban on no-grounds evictions changes this.

From May 2025, NSW landlords can no longer end a fixed-term lease at its expiry without a valid reason. They must provide one of the approved grounds for termination, which include:

Each ground has specific notice requirements and, for some grounds, evidence requirements. The landlord cannot simply claim a ground — they must be acting on it genuinely and be able to show it.

• The landlord or a member of their family genuinely intends to move into the property
• The property is being sold with vacant possession
• The property requires substantial renovations that cannot be done with tenants present
• The landlord intends to use the property for a different purpose
• The tenant has breached the tenancy agreement
• Significant damage has been caused by the tenant

Victoria had already removed no-grounds evictions from periodic tenancies, but the November 2025 reforms strengthened enforcement and extended protections. Rental providers must now:

Retaliatory evictions — terminating a tenancy in response to a tenant making a complaint or exercising their rights — can be challenged at VCAT and have increasingly been struck down.

• State the specific ground for termination in the notice
• Provide supporting evidence in many cases (such as proof of a contract of sale for a vacant possession sale)
• Not re-let the property for 12 months at a higher rent after a 'moving in' termination (without penalty)

If you are renting in Western Australia or Tasmania, no-grounds evictions remain legal as of 2026.

WA: A landlord can give 60 days notice to end a periodic tenancy without providing a reason. At the end of a fixed-term lease, if it converts to a periodic tenancy, the same applies. This is a significant legislative gap.

TAS: Similarly, the Tasmanian tenancy legislation still permits no-grounds terminations. The Tasmanian government has consulted on reform but has not legislated.

If you are in WA or TAS and receive a no-grounds termination notice, you are not able to successfully challenge it at tribunal on no-grounds grounds alone — you would need to show a procedural error in the notice or a retaliatory eviction.

Not all eviction notices are valid. If you receive one:

If the eviction ground appears genuine but you need more time, the tribunal can sometimes extend the date in the notice, particularly if you have been a long-term tenant and need time to find alternative accommodation.

1. Check which state you are in and which rules apply.
2. Read the notice carefully — does it state a specific ground? Does it give the correct notice period for that ground?
3. If you are in NSW, VIC, QLD, SA, or ACT and the notice does not state a valid ground, the notice may be invalid and challengeable.
4. Do not leave by the date in the notice simply because you received it — you have the right to apply to the tribunal to challenge the notice.
5. Get advice quickly — most state tenancy authorities have free advice lines, and community legal centres can help.