New eviction laws criticised by renters’ advocates

Five weeks after ending no-grounds evictions in New South Wales, the state government amended the Residential Tenancy Act 2010 to remove additional evidence requirements in evictions due to repairs or renovations. Over two dozen tenants’ rights advocates, including Community Legal Centres NSW and the Aboriginal Legal Service, voiced their criticism of the decision.

Previously, landlords who needed to evict tenants to complete significant repairs or renovations in their properties were required to provide written statements and detailed evidence of the planned work, such as quotes from licensed builders or receipts from purchasing building materials. However, without further consultation, the NSW Government removed the additional evidence requirements. Landlords are now only required to provide a written statement.

Twenty-eight associations, headed by the Tenants Union of NSW, released a joint declaration criticising the decision. “Without the full evidence requirements for this prescribed ground for termination, there is a real risk that the Government’s commitment to end no-ground evictions and ensure renters have the rights and security they need will be undermined,” reads the statement.

“This change means landlords will now only have to provide a written statement, with no supporting evidence, to evict a tenant. This just isn’t enough to guarantee that non-genuine evictions will be prevented,” said Leo Patterson Ross, CEO of the Tenants’ Union of NSW.

“While strong penalties exist on paper, the Government folded so quickly on this evidence requirement that it raises concern about their willingness to stand by their own much-needed legislation, to monitor evictions and issue penalties where needed. This further opens the door to abuse.”

The joint statement also accuses the Government of acting without proper consultation, stating that the changes were made “behind closed doors” and that they ” undermine renters’ trust and confidence …”

Community Legal Centres NSW, one of the signatories, told LSJ, “The government’s decisions to remove additional evidence requirements seriously undermines tenants’ rights in NSW.” “It opens the door for landlords to exploit repair or renovation provisions to carry out unfair evictions, without needing to prove the work is genuine.”

The Tenants Union previously expressed concerns about the possibility of exploiting the grounds for eviction for repairs or renovations based on the example of Canada, where landlords were accused of using renovations as a guise for evicting tenants and raising rents.

The office of Minister of Fair Trading Anoulack Chanthivong responded to the criticism, stating, “The adjustment to evidentiary requirements is a minor change and simply proves that we will continue to adapt to industry and renter’s concerns as and when we need to.

“Renters are still protected from no-grounds evictions – we have not changed the fact landlords need a legitimate reason to end a lease.”

Minister Chanthivong also confirmed that stakeholder consultation occurred during the drafting of the Residential Tenancies Amendment Regulation 2025, and feedback from tenant advocates and industry stakeholders informed the content of the Termination Notice for Significant Renovations or Repairs.

Community Legal Centres NSW was not consulted on the change, and the Tenants of Union of NSW was briefed on the new regulations after the changes were decided. To CLCNSW’s knowledge, the state government has not responded to the joint statement.

All signatories of the statement call on the NSW Government to reinstate all evidence requirements, monitor complaints and investigate misuse of termination for repair and renovation’, and commit to a more transparent consultative process in future changes to the rental laws.