When Plans Change: What Landlords Need to Know Before Re-Letting a Property
Recent changes to NSW rental laws have introduced new responsibilities for landlords and agents when ending a tenancy.
In many cases, landlords are now required to give a specific reason for ending a tenancy. Some reasons also require supporting documents to be provided to the tenant. NSW Fair Trading states that if required supporting documents are not provided, or if they do not include the required information, the termination notice may not be valid. It is also an offence to provide false or misleading supporting documents.
One important part of these changes is the re-letting exclusion period.
What are tenancy exclusion periods?
A tenancy exclusion period is a set period of time when a landlord is restricted from advertising, entering into a new tenancy agreement, or otherwise re-letting the property after ending a tenancy for certain prescribed reasons.
Re-letting the property during this period without approval from NSW Fair Trading may be an offence and can result in significant financial penalties.
The length of the exclusion period depends on the reason given for ending the tenancy:
| Reason | Length of Exclusion Period |
|
where the tenancy was ended because significant renovations or repairs were going to be carried out |
4 weeks |
|
where the tenancy was ended because:
|
6 months |
|
where the tenancy was ended because the property was no longer going to be used as a residential rental property. |
12 months |
For example, if a landlord ends a tenancy because the landlord or a family member intends to live at the property, a six-month re-letting exclusion period may apply. This means the property generally cannot be advertised or rented to another tenant during that period unless approval is obtained from NSW Fair Trading.
Why was this rule introduced?
This rule was introduced as part of the NSW rental reforms that started on 19 May 2025. Before this date, landlords could end some tenancies without giving a specific reason, as long as they gave the required notice. This was often called a “no grounds” termination.
Under the new rules, landlords must now give a valid reason when ending a tenancy. Some reasons also require supporting documents.
Tenancy exclusion periods were introduced to help make sure the reason given is genuine. For example, if a landlord ends a tenancy because a family member is going to move in, the property generally cannot be re-let straight away if that plan changes. This helps prevent a situation where a tenant is asked to leave for one reason, but the property is then quickly advertised again for rent.
The purpose of the rule is to create a fairer and more transparent process. It gives tenants more certainty, while still allowing landlords to apply to NSW Fair Trading if there is a genuine change of circumstances beyond their control.
What if the landlord’s circumstances change?
NSW Fair Trading provides a re-letting application form -- change of circumstances for landlords who want to rent out a NSW property during a tenancy exclusion period because their circumstances have changed beyond their control.
According to NSW Fair Trading, this form should be used where the landlord:
- ended the tenancy for a reason that has a tenancy exclusion period;
- is still within that exclusion period;
- was unable to carry out the original reason for ending the tenancy due to circumstances beyond their control;
- has obtained vacant possession of the property; and
- wants to rent the property again before the exclusion period ends.
NSW Fair Trading also states that applications will only be assessed once the property is vacant. The landlord must confirm that they have vacant possession when submitting the form.
A practical example
|
A landlord issued a termination notice because their daughter was planning to move into a granny flat. The notice was issued on 28 April, with the termination date set for 27 July. After receiving the notice, the tenants began looking for another place to live. They found a new property and arranged to move out on 5 June. Soon after, the landlord’s circumstances changed. The daughter no longer needed to move into the granny flat because she had found alternative accommodation. The landlord wanted the current tenants to stay, but the tenants had already committed to moving. The landlord then wanted to re-let the granny flat to new tenants. However, because the tenancy had been ended on the basis that a family member would move in, the property may be subject to a six-month re-letting exclusion period. This meant the landlord could not simply advertise the property and rent it out again straight away. In this situation, the landlord needed to apply to NSW Fair Trading for approval to re-let the property during the exclusion period. |
What evidence may be needed?
NSW Fair Trading says landlords should have the following documents ready when submitting the application:
- a copy of the original termination notice;
- a copy of the supporting documents that were given to the tenant when ending the tenancy;
- documents to support the change of circumstances and the reason for the request; and
- a copy of the residential tenancy agreement, if there is a written agreement.
Depending on the situation, landlords may also consider preparing a clear written explanation of the timeline. This may help show what the original plan was, when the circumstances changed, and why the property now needs to be re-let.
For the example above, possible supporting evidence may include:
- the original termination notice given to the tenants;
- documents showing that the daughter genuinely intended to move into the property;
- written confirmation explaining why the daughter no longer needs to move in;
- evidence showing when the daughter’s plans changed;
- a timeline showing when the notice was issued, when the tenants arranged to move out, and when the landlord became aware of the change; and
- the relevant residential tenancy agreement.
These examples are general opinions only and are not legal advice. The evidence required may vary depending on the facts of each situation. Landlords and agents should refer to NSW Fair Trading guidance or seek independent advice if they are unsure.
Why this matters for landlords and agents
This rule is important because once a termination notice is issued, the tenant may begin making serious plans immediately.
A tenant may apply for another rental property, sign a new lease, arrange moving costs, organise utilities, or make other commitments. Even if the landlord later changes their mind, it may no longer be practical for the tenant to stay.
| For landlords, |
|
this means the decision to end a tenancy should be made carefully. Even where the original reason is genuine, a change in circumstances can create delays, extra paperwork, and restrictions on re-letting the property. |
| For agents, |
|
it is also important to ask questions before advertising a property for lease. NSW Fair Trading states that it is an offence for a landlord or agent to rent out a property during an exclusion period. Landlords must also tell their agent if the property is in an exclusion period, including the date and the reason used to end the previous tenancy. |
Key takeaway
Ending a tenancy is no longer only about giving the correct amount of notice. The reason, supporting documents, timing, and future use of the property all matter.
If a landlord ends a tenancy because they or a family member intend to move into the property, but the plan later changes, the property may not be able to be re-let immediately. Approval from NSW Fair Trading may be required before the property can be rented again during the exclusion period.
Landlords should keep clear records, communicate with their managing agent early, and check the current NSW Fair Trading guidance before taking action.
This article provides general information only. It is not legal advice. Landlords, tenants, and agents should refer to NSW Fair Trading or seek independent advice for their own situation.
