Notice periods are the part of tenancy law that everyone needs to know but nobody enjoys reading about. The good news is the rules are clear once you know which scenario applies. Here's the simple breakdown for NSW.
These reflect the framework in NSW. For the absolute current numbers, NSW Fair Trading's "minimum notice periods" page is the authoritative source — bookmark it.
When the tenant gives notice
Periodic tenancy (continuing month-to-month, no fixed term):
- Tenant gives the landlord at least 21 days' written notice
Fixed-term tenancy ending on the agreed end date:
- Tenant gives at least 14 days' notice before the end of the fixed term
- This needs to be lined up so the tenancy doesn't roll over into a periodic one if you don't want it to
Fixed-term tenancy, ending early (breaking the lease):
- This is a different scenario — break fees usually apply (see our break-lease blog)
- A formal break-lease pathway exists, with set fees depending on how far through the term you are
Specific grounds for early termination by tenant:
- Domestic violence declaration: immediate, no penalty
- Hardship grounds: 14 days, but require NCAT approval
When the landlord gives notice
This is where the recent NSW reforms matter most. Landlords can no longer end a tenancy without a reason. Notice periods now depend on the reason given.
End of fixed term (where the landlord doesn't want to continue):
- Notice period set by Fair Trading rules — typically at least 30 days before the end of the term, with a valid reason
Periodic tenancy, with valid grounds (sale, renovation, owner moving in, etc.):
- Notice periods vary by the ground — generally between 30 and 90 days, depending on the reason
- Each ground has documentation requirements
Termination for breach (e.g. rent arrears, damage):
- 14 days' notice for non-payment of rent, after the tenant has been in arrears for 14+ days
- Other breaches: notice periods set by the rules and may require NCAT involvement
How notice should be given
A few practical points that often trip people up:
- In writing. Verbal notice doesn't count.
- Properly served. Email is generally accepted now in NSW; check the lease for any specific requirements.
- Calculate carefully. Notice periods are calculated from when notice is given and received, not signed. Allow for postage if you're sending by mail.
- Keep a copy. And proof of delivery (read receipts, tracked post).
What if a notice is wrong?
A defective notice — wrong period, wrong reason, missing required information — can be challenged. Landlords issuing notices should have them reviewed by their property manager before going out. Tenants who receive a notice they believe isn't compliant should seek advice quickly; the timelines are tight.
A practical note
Most disputes around notice periods come from a misunderstanding of which scenario applies. If you're a tenant or landlord in a Hunter PM property and you're trying to work out where you stand, just call us — five minutes of conversation usually clears it up faster than an hour of Googling.