How to End a Tenancy in Australia 2026: State-by-State Notice Periods

Ending a residential tenancy in Australia in 2026 is more state-specific than ever. The major reforms — NSW’s removal of “no-grounds” termination from 19 May 2025, VIC’s shift to renter/rental-provider terminology in 2021, and QLD’s prescribed-reasons regime from 1 October 2022 — have produced three regimes that share a frame but differ on every operative number. This guide walks through the correct notice form, the minimum period, and the prescribed reason for each common termination scenario in NSW, VIC and QLD.

Step 1. Identify the State

Australian residential tenancies are state-legislated. There is no federal residential tenancies act. The state of the property determines:

• The principal Act;
• The standard-form lease and termination notice forms;
• The minimum notice periods;
• The available grounds for landlord-initiated termination;
• The tribunal of first instance.

The three states covered by this guide:

Step 2. Identify Who Is Ending the Tenancy

The notice period depends on who is initiating termination — tenant or landlord — and the reason stated.

Tenant ending a tenancy

Note QLD’s distinct asymmetry: a tenant on a periodic general tenancy needs a full 2 months notice, whereas at the end of a fixed term only 14 days.

Landlord ending a tenancy

This is where the recent reforms most heavily bite.

NSW — post 19 May 2025

The NSW Residential Tenancies Amendment Act 2024 inserted s.84A into the Residential Tenancies Act 2010 (NSW). From 19 May 2025, NSW landlords ending a tenancy must specify a prescribed reason. “No-grounds” termination is no longer available. Permitted prescribed reasons include:

• Sale of the property requiring vacant possession (30 days notice — s.85);
• Owner or owner’s family member moving in;
• Significant repairs or renovations requiring vacant possession;
• Change of use (e.g. demolition, conversion);
• End of fixed term where the landlord will not enter another agreement at the same property.

Reference: https://www.fairtrading.nsw.gov.au/housing-and-property/renting/new-residential-tenancy-laws

VIC — since 29 March 2021

Victoria removed “no specified reason” termination by Residential Tenancies Amendment Act 2018 (Vic), operative 29 March 2021. Under Residential Tenancies Act 1997 (Vic), s.91ZZ, a rental provider must use a prescribed reason when issuing a notice to vacate. Common reasons:

• Sale of premises with vacant possession — 60 days (s.91ZZB);
• Owner moving in — 60 days;
• Demolition / repairs — 60 days;
• End of fixed term (first fixed term only) — 90 days.

QLD — since 1 October 2022

The Residential Tenancies and Rooming Accommodation Act 2008 (Qld), as amended in 2022, requires a prescribed reason for landlord-initiated termination of fixed-term and periodic general tenancies. Common notices:

• Sale of property — 2 months (s.286);
• Owner / family member moving in — 2 months;
• Significant repairs — 2 months;
• Notice for non-payment of rent (Form 11 breach) — 7 days (s.280);
• Other breach (Form 11) — 7 days (s.280).

Step 3. Use the Prescribed Form

QLD’s forms are downloadable at https://www.rta.qld.gov.au/forms-resources/forms/forms-for-general-tenancies. NSW and VIC publish their notice templates through the regulator websites.

Step 4. Calculate the Notice Period Correctly

Each state’s notice period runs from the date the notice is received, not the date it is sent. Best practice in all three states:

1. Issue the notice in writing using the prescribed form.
2. Date the notice clearly.
3. Serve by a method permitted under the Act (in person, registered post, or, increasingly, email — check the agreement and the Act for permitted electronic service).
4. Calculate the termination date by counting the minimum statutory period forward from the day after service.
5. State the termination date explicitly on the notice.

A notice that under-states the minimum period is invalid — a NSW notice giving 25 days for a sale-of-property termination, where s.85 requires 30 days, will be rejected at NCAT. Always round up to the statutory minimum and add a few days’ buffer for service uncertainty.

Step 5. Conduct the Final Inspection and Bond Refund

After the notice period expires:

1. Conduct a final inspection against the entry condition report (NSW s.29, VIC s.35, QLD s.65).
2. Document the condition with photographs.
3. Submit the bond refund:
   • NSW: online via Rental Bonds Online;
   • VIC: RTBA Online Services;
   • QLD: Form 4 — Refund of rental bond (https://www.rta.qld.gov.au/forms-resources/forms/forms-for-general-tenancies/refund-of-rental-bond-form-4).
4. If parties disagree on the split, the bond authority retains until tribunal order.

Queensland adds a mandatory RTA conciliation before QCAT for contested bond claims.

Step 6. Tribunal Application (if disputed)

If a notice is challenged or a refund is contested:

Tribunal filing fees are modest and may be waived for hardship.

Common Mistakes by State

NSW

• Issuing a “no-grounds” notice after 19 May 2025. Invalid post-reform. Use a prescribed reason or do not issue.
• Using the old form that does not include the prescribed-reason field.

VIC

• Treating “end of fixed term” as automatic with 14 days’ notice. A first fixed-term notice to vacate requires 90 days under s.91ZZ.
• Issuing notice while the rental provider remains the listed sale vendor. Sale-of-property requires an unconditional sale in many circumstances.

QLD

• Using Form 12 instead of Form 11 for a breach notice (or vice versa). Form 11 is for breach (7 days); Form 12 is for general leave.
• Submitting the bond refund Form 4 before the notice period expires. RTA cannot accept it earlier.

Conclusion

Ending a tenancy in Australia in 2026 requires three things in sequence: identify the state from the postcode; identify the initiator (tenant or landlord) and the reason; serve the prescribed form with the correct minimum notice period and a clearly stated termination date. The 2024–2025 reform wave in NSW, the 2021 VIC pivot, and the 2022 QLD prescribed-reasons regime have left the era of “30 days no grounds” firmly behind. State-specific compliance is now the only path to a valid termination.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, or migration agents.

Sources

• Residential Tenancies Act 2010 (NSW): https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-042
• Residential Tenancies Act 1997 (Vic): https://www.legislation.vic.gov.au/in-force/acts/residential-tenancies-act-1997
• Residential Tenancies and Rooming Accommodation Act 2008 (Qld): https://www.legislation.qld.gov.au/view/html/inforce/current/act-2008-073
• NSW Fair Trading — new tenancy laws: https://www.fairtrading.nsw.gov.au/housing-and-property/renting/new-residential-tenancy-laws
• Consumer Affairs Victoria — new rental laws: https://www.consumer.vic.gov.au/housing/renting/new-changes-to-the-rental-laws
• RTA Queensland — ending a tenancy: https://www.rta.qld.gov.au/ending-a-tenancy/ending-a-tenancy-agreement