Ending a tenancy starts with a notice. Get it right and the rest of the process is administrative. Get it wrong and you're either back to the start, or you're standing in front of NCAT trying to defend a defective notice.
Here's how to give notice properly in NSW.
The basics: what the notice must contain
Whether you're a tenant or a landlord, a valid termination notice has to include:
- The full address of the property
- The names of the parties (the tenants and landlord/agent)
- The date the notice is issued
- The grounds for termination (the reason — required for landlord-issued notices)
- The minimum notice period required for that ground
- The termination date — the date the tenancy is to end
- A clear statement of intention to terminate
Missing any of those, and the notice may not be valid. The detail matters.
Picking the right termination date
Calculate the notice period from the day the notice is received, not the day it's signed or sent. Then add the required minimum days for your ground. The termination date in your notice should be on or after that calculated minimum.
Be generous with the maths if you're sending by post — give the postal time plus a buffer.
How to deliver the notice
NSW now allows electronic delivery of most tenancy documents, but check the lease for any agreed method. Common valid methods:
- In person — handed to the recipient directly
- Post — to the property's address (for tenants) or the agent's office address
- Email — if the lease specifies email or the parties have agreed to it as a method of service
- Posting at the property — placing it in the letterbox at the agent's premises (for tenants giving notice)
Whatever method you use, keep proof of delivery. A signed receipt, a posted-mail tracking number, an email read receipt. If a notice is contested, the first thing the Tribunal asks is "when was it received?"
Common mistakes that invalidate a notice
We see these regularly:
- Wrong notice period. Calculated from signing rather than receipt, or using the wrong period for the ground stated.
- Wrong grounds stated. A landlord ticking the wrong reason on a template, or a tenant claiming a hardship ground without the basis.
- Missing required information. Often the date of issue or the termination date.
- Sent to the wrong address. Especially for periodic tenancies where contact details have shifted.
- Verbal notice "confirmed in writing later." Doesn't work — the writing is the notice.
- For landlord notices: insufficient supporting evidence. Recent reforms require evidence for many grounds (e.g. sale, renovation). A bare assertion isn't enough.
What to do if you receive a notice you think is invalid
You don't have to act on it. You can:
- Respond in writing asking for clarification or pointing out the defect
- Apply to NCAT for a determination on validity (especially if the notice is from a landlord)
- Continue the tenancy as normal if you reasonably believe the notice is invalid (but be careful — get advice before doing this)
Don't ignore a notice just because you disagree with it. The clock is running.
A practical note
If you're with Hunter PM and you need to issue or respond to a notice, talk to us. We deal with these every week. Five minutes of advice now will save weeks if it ends up at NCAT.