Renovictions: The Eviction Loophole Tenants Should Know About

A renoviction occurs when a landlord serves a termination notice on the grounds that they intend to undertake substantial renovations that require vacant possession — but the renovations either do not happen, are minor rather than substantial, or are used as a pretext to remove tenants and re-let at a higher rent.

This tactic has become more visible since no-grounds evictions were abolished in NSW, VIC, and QLD. When landlords could previously end a tenancy at any time with adequate notice, there was less need to invent a reason. Now that a specific valid reason is required, some have turned to the renovation ground.

Yes — a landlord can legitimately terminate a tenancy to undertake major renovations that cannot be done with you in residence. The key word is 'major'. Minor works — repainting a room, replacing carpet, upgrading appliances — do not require you to vacate and do not justify a termination notice.

What qualifies as 'major' typically involves structural work, council-approved development, or works that are genuinely incompatible with someone living in the property. Replacing a kitchen benchtop generally does not qualify. Gutting the kitchen and knocking out a load-bearing wall might.

The landlord must be able to show genuine evidence of the planned works — approvals, quotes, contracts — not just a stated intention.

Genuine renovation evictions do happen and are legally valid when done properly. These warning signs may suggest the eviction is pretextual:

None of these are individually conclusive, but a pattern should put you on alert.

• You are a long-term tenant paying below-market rent
• The landlord has recently made enquiries about current market rents
• The 'renovations' described are minor or vague
• The landlord cannot provide any planning approvals, council documentation, or builder quotes
• The property re-appears on the rental market shortly after you leave, with no renovations having occurred
• The re-listed rent is substantially higher than what you were paying

If you have received a termination notice on renovation grounds and suspect it is pretextual:

1. Request evidence in writing. Ask your landlord or agent to provide the council development approval, building permit, or detailed scope of works. They have no legal obligation to provide this before giving notice, but refusal is telling.
2. Do not vacate immediately. You have the right to contest the eviction notice at your state tribunal. Simply receiving a notice does not mean you must leave.
3. Apply to the tribunal. In NSW, apply to NCAT. In VIC, lodge with RDRV first. In QLD, contact RTA conciliation first. Argue that the termination grounds are not genuine and request the notice be struck out.
4. Document everything. Keep copies of all notices, all written communication, and any evidence about the state of the property and what the landlord has told you.
5. Monitor the property after you leave. If you do ultimately have to vacate and the property goes back on the market without the renovations having occurred, this can form part of a compensation claim. In some states, short-term re-letting after a renovation eviction triggers specific penalties.

The growing awareness of renovictions is prompting legislative responses. In Victoria, the government has flagged that it will monitor renovation eviction patterns and consider additional safeguards. NSW has similar monitoring provisions in its 2025 reform package.

The strongest protection for tenants remains the right to challenge the eviction notice at tribunal before vacating. If you receive a termination notice, get advice from your state tenancy authority or a community legal centre before you start packing.