Landlord lied about why they evicted you? Fight back
From 19 May 2025, a NSW landlord can no longer end a tenancy "for no reason". Every termination notice must state a prescribed ground from the amended Residential Tenancies Act 2010 (NSW) ("RTA") — and the landlord must mean it. From 1 July 2025, the landlord (or their agent) also has to complete a Rental Bonds Online survey disclosing why the tenancy ended when they claim or release the bond. NSW Fair Trading collects those reasons centrally and can investigate where the reason looks wrong.
That gives a tenant who suspects the reason is false two things that didn't exist before: a paper trail, and a regulator that can check it. This page covers how to spot a false ground, what cross-check signals NCAT and Fair Trading look at, and how to run a retaliatory-termination application under section 115 of the RTA.
Important: the 2025 reforms are recent and the fine detail — especially survey questions and penalty amounts — is being refined. Treat the specifics below as a starting point and verify the current position on nsw.gov.au/fair-trading before relying on any of it.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
A "false reason" termination is a notice that states a prescribed ground the landlord doesn't actually intend to follow through on. Common patterns: a notice for "significant renovations" where no renovation is planned; a "sale" notice where the property is quietly re-listed for rent within weeks; a "landlord moving in" notice where the landlord never moves in and the property is tenanted to a new household at a higher rent.
Two things have changed since the 2025 reforms. First, the landlord must state a ground on the notice — so they commit to a story in writing. Second, on bond claim or release they must complete the NSW Fair Trading termination-reason survey in Rental Bonds Online and tell the regulator how the tenancy ended (and, if the landlord ended it, why). Penalties apply for non-compliance and for false or misleading information.
NCAT's job under section 115 RTA is different from Fair Trading's enforcement role. The Tribunal can declare a termination notice retaliatory and set it aside if it was given wholly or partly because the tenant exercised a right — for example, asked for repairs, applied to NCAT, or complained about a breach. Section 115 doesn't require you to prove the ground is fake; it's enough to show the timing and circumstances point to retaliation.
The two pathways stack. You can ask NCAT to set the notice aside under s115, and you can separately report the false reason to Fair Trading to be investigated against the Rental Bonds Online disclosure. The latter doesn't help you stay in the property — but it may produce a penalty, and the regulator's findings can be useful evidence in any subsequent claim.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- 30 daysApply to NCAT for a s115 retaliatory-termination declaration where the notice was given on a no-fault ground (sale, significant renovation, demolition, landlord moving in, change of use, eligibility)RTA s115 + Regulation
- 14 daysApply to NCAT for a s115 declaration where the notice was given on any other ground (e.g. breach)RTA s115 + Regulation
- 14 daysBond-claim deadline — landlord must complete the Rental Bonds Online termination-reason survey within this window after the initial bond claim (verify current period on nsw.gov.au)Rental Bonds Online survey
- Before the termination dateFile your s115 application before you have to vacate — the Tribunal can declare the notice has no effectRTA s115(2)
- Re-letting restrictionAfter a no-fault termination, the landlord generally cannot re-let for a prescribed period (often 6 months for sale/landlord-moving-in; shorter for renovation) without Fair Trading approval — verify the exact period on nsw.gov.auRTA Pt 5 + Regulation
The process, step by step
- 1
Read the termination notice forensically
The notice must (1) be in writing, (2) state the ground in terms the RTA recognises, (3) specify the termination date, and (4) give the minimum notice period for that ground. If the ground is "significant renovations or reconstruction", "sale with vacant possession", "landlord or family member moving in", "demolition", "change of use" or "tenant no longer eligible" for certain housing — those are the no-fault grounds that carry the longer notice periods and the re-letting restrictions you can leverage.
Note the ground exactly as written. You'll cross-check it later against (a) what the landlord actually does after you leave and (b) what they declare in the Rental Bonds Online termination-reason survey. A vague notice ("end of tenancy") without a prescribed ground is defective on its face and the Tribunal can set it aside on that basis alone.
- 2
Pull together the timeline that makes it look retaliatory
For a s115 case the chronology is the case. Build a one-page timeline: the date of every repair request you made; the date of any rent-increase challenge, NCAT application or Fair Trading complaint; the date you raised a breach in writing; the date the termination notice arrived. A notice that lands within weeks of a repair escalation or NCAT lodgement is a strong retaliation pattern.
Section 115(3) RTA lists the kinds of tenant action that put a notice into the retaliation frame — applying to the Tribunal, taking action to enforce a right, or having an order in force against the landlord. If any of those events shortly precede the notice, lead with that in your submission.
- 3
Lock down the cross-check signals — before you move out
The strongest evidence the ground is false comes from what the landlord does next. Before you hand back the keys, set yourself up to capture it: bookmark the listing addresses on realestate.com.au, domain.com.au and the agent's own site; set a Google Alert for the property address; ask a friend in the area to walk past in the months after you leave.
Re-listing signals: the property advertised for rent within the re-letting restriction period after a sale or landlord-moving-in notice; the property advertised at a materially higher rent without any renovation; the same landlord/agent listing within weeks of a "renovation" notice with no work done. Photograph the listings (URL, date, address, rent visible) and save as PDFs.
Non-renovation signals where the ground was renovation: a walk-past showing the kitchen, bathroom or layout unchanged; absence of any council DA or complying-development certificate; the lack of any builder vehicles on site in the weeks the work was meant to happen.
- 4
Lodge the s115 application at NCAT
Use the Tenancy Application via NCAT Online (ncat.nsw.gov.au/apply), at any registry, or by post. In "orders sought", be specific: "Declaration under s115 of the Residential Tenancies Act 2010 (NSW) that the termination notice dated [date] is a retaliatory notice and has no effect." File before the termination date wherever possible — the Tribunal can declare the notice has no effect and stop the eviction.
The deadline is strict and short: 30 days after the notice is given for no-fault grounds (sale, significant renovation, demolition, landlord/family moving in, change of use, eligibility); 14 days for other grounds. Verify the current period in the Residential Tenancies Regulation before you lodge.
- 5
Report the false reason to NSW Fair Trading in parallel
Separately from the s115 case, lodge a complaint with NSW Fair Trading at nsw.gov.au/fair-trading. Attach: the termination notice; your timeline; the post-tenancy re-listing evidence; any photos showing no renovation has taken place. Fair Trading has the power to investigate whether the reason disclosed in the Rental Bonds Online survey matches what actually happened, and can issue penalties for false or misleading information.
A Fair Trading finding doesn't directly give you the property back, but a confirmed mismatch between the notice ground and the landlord's actual conduct is powerful evidence in (a) any compensation claim you bring and (b) a future s115 case if the pattern repeats with another tenant.
- 6
If the deadline has passed — pivot to compensation
If you've already moved out and the s115 deadline has gone, you can still apply to NCAT for compensation if the ground wasn't genuine. The basis is breach of the RTA — a notice given on a ground the landlord didn't intend to follow through on is not a valid termination, and the costs you incurred moving out (removalist, new bond, rent differential) are recoverable as compensation.
The general 6-year limitation period for breach of contract applies, but evidence becomes stale fast — bring it within 12 months while listing screenshots are fresh and Fair Trading's investigation is current.
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
The termination notice itself
Original copy plus proof of service (email header, postmark, photo of envelope). Note the ground stated and the termination date.
Your tenancy chronology — one page
Every repair request, NCAT application, Fair Trading complaint, breach letter and major communication, in date order. Make the retaliation visible.
Listing screenshots after you moved out
Print to PDF: realestate.com.au, domain.com.au, agent's own website. Include address, date, asking rent, source URL. Repeat at intervals.
Walk-past photos of the property post-tenancy
External shots showing no scaffolding, no skip bins, no builder vehicles in the period the renovation was meant to be happening.
Council DA / CDC search
If the notice was on a renovation or demolition ground, search the council's online DA tracker. The absence of a DA where one would be required is telling.
Rental Bonds Online termination-reason printout (if available)
If you can obtain the reason the landlord disclosed in the RBO survey — through Fair Trading subpoena, freedom-of-information or in proceedings — compare it to the notice ground.
Records of any rent-increase challenge or repair escalation
If the notice followed an exercised right within weeks, the chronology alone often carries the s115 case.
Receipts for moving costs
Removalist, new bond, two weeks' double rent, mail redirection, utility reconnection — useful for any compensation claim.
Common reasons people lose
Missing the s115 deadline
The clock is 14 or 30 days from the notice (depending on the ground). Once it passes, NCAT cannot set the notice aside under s115. You may still have a compensation claim, but you have lost the property.
No timeline — just a feeling
Members need to see the chronology. Walking in and saying 'the landlord retaliated' without dates is not evidence. Build the timeline page first.
Treating Fair Trading enforcement as a substitute
Reporting the false reason to Fair Trading is useful, but Fair Trading does not stop the eviction. Lodge at NCAT in parallel — don't wait for the regulator.
Speculating about the landlord's motive
Members care about evidence, not motive theories. Stick to dated events: notice date, exercised-right date, re-listing date, no-DA search result.
Moving out then trying to argue the notice was invalid
Vacating in response to the notice weakens (though doesn't always destroy) a s115 case. File before the termination date if you can.
Confusing 'no grounds' (pre-19 May 2025) with the new regime
If the notice was given on or after 19 May 2025 it must state a prescribed ground. A bare 'no grounds' notice after that date is defective.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Declaration that the notice is retaliatory and has no effect
A formal declaration under s115 that the termination notice was retaliatory; the tenancy continues as if no notice had been given.
Refusal to make a termination order
Where the landlord has already applied for possession, NCAT can refuse to make the order on s115 grounds.
Compensation for breach of the RTA
Where you have moved out on a notice the Tribunal accepts was not genuine — orders for removal costs, double-rent overlap, new-bond differential and rent differential at the new property.
Costs in limited circumstances
Costs orders are uncommon in tenancy matters but are possible where a party has acted unreasonably or the claim exceeds the costs threshold.
Penalty referral to Fair Trading
NCAT does not impose civil penalties for false grounds, but its findings can be the foundation for a Fair Trading investigation and penalty under the RTA enforcement powers.
Free help
- NSW Fair Trading — Landlord ending a tenancy
Government page covering the post-19-May-2025 grounds and the re-letting restrictions.
- Tenants' Union NSW — tenancy law change
Tenant-focused explainer of the 2025 reforms with sample letters.
- Tenants' Advice & Advocacy Services (TAAS)
Free local tenant advice — find your nearest service.
- NCAT — apply online
Lodge your s115 application via NCAT Online.
- Residential Tenancies Act 2010 (NSW) — s115
The retaliatory-eviction section in the legislation itself.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
Questions self-reps ask
How do I prove the landlord lied about the reason?
You don't have to prove dishonesty — you have to show the ground isn't genuine. The strongest signals are post-tenancy: the property re-listed for rent during the no-fault re-letting restriction window, the renovation never happened, the landlord never moved in.
Capture listing PDFs, walk-past photos and council DA-tracker results. Combine that with a chronology showing the notice followed an exercised right and you have a s115 case.
What is the Rental Bonds Online termination-reason register?
Since 1 July 2025, when the bond is claimed or released the landlord or agent must complete a Fair Trading survey in Rental Bonds Online stating who ended the tenancy and (if the landlord) why.
It's the regulator's tool to spot patterns of false grounds — not a public register. You can ask Fair Trading to investigate where the reason disclosed doesn't match the notice or the landlord's later conduct.
How long do I have to challenge a termination notice as retaliatory?
Section 115 has a strict deadline set in the Residential Tenancies Regulation: about 30 days for no-fault grounds (sale, significant renovation, demolition, landlord/family moving in, change of use, eligibility) and about 14 days for other grounds.
Verify the current period on nsw.gov.au or legislation.nsw.gov.au before you lodge — and aim to file before the termination date so NCAT can stop the eviction.
I've already moved out — is it too late?
It's too late for s115 (the section is about setting the notice aside before the tenancy ends) but not for a compensation claim. If the ground turns out not to have been genuine, the costs you incurred — removalist, new bond, double rent in the overlap, rent differential at the new property — are recoverable.
Bring the application within 12 months while listing evidence is still fresh.
What's the re-letting restriction and how long does it last?
After a no-fault termination the landlord can't re-let the property for a prescribed period without Fair Trading's approval. The exact period depends on the ground — generally 6 months for sale, landlord-moving-in, change of use and eligibility grounds; shorter for renovation/demolition.
The point of the freeze is to prevent the ground being used as a backdoor "no grounds" eviction. Verify the current periods on nsw.gov.au before you rely on them.
Do I need to report it to Fair Trading first before going to NCAT?
No. A retaliatory-termination application under s115 goes directly to NCAT — there is no Fair Trading pre-step.
But running both in parallel is sensible: NCAT decides whether the notice has effect; Fair Trading decides whether to investigate the disclosure and impose penalties. The findings of one can support the other.
Can NCAT order the landlord to take me back if I've already left?
Not as a practical matter. Once vacant possession has been handed back and the property re-let, the Tribunal's remedy is compensation, not specific performance of the old tenancy.
The way to stop an eviction is to file the s115 application before you move out — ideally as soon as the notice arrives.
Related guides
- Challenging a renovictionThe renovation-ground specifics and how to test the notice.
- Eviction noticesCheck if a termination notice is valid and how to respond.
- What to expect at an NCAT hearingA self-rep's walkthrough of hearing day, start to finish.
- Building your evidence bundleIndex, pagination and copies — the bundle that wins.
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NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.