NSW Eviction Process

Hi all,

For those self managing landlords in NSW, what is the eviction process and timeframes etc? How long does a tenant have to be in arrears before you can evict them? What are the steps and time etc..

Good to be prepared as people change colors all the time, ie good tenants can become bad etc.

Thanks in advance

Ron

 

The process is long and painful if the tenant doesn’t want to leave. Assume two trips to Tribunal each of which takes 6+ weeks from when you apply and that’s assuming all your paperwork and eviction notices were served properly. If they didn’t you may need to go back for 3rd. The first hearing is for 15 minutes and it’s meant to be a conciliation so the tenant will most likely be given orders to restart payments and pay an extra $xxx with every payment until next hearing.
The second hearing is longer and you may get an eviction order then. Not easy though and anything can happen at Tribunals.

 

Thanks ChrisDim, appreciate your response.

In NSW how many days late in rent payment can a tenant be before you can serve the 14 day termination notice? Then within the termination period you apply to Tribunal for an eviction order/case? And do you get hearing after the 14 day notice period.

Also if a tenant is constantly late in rent payments can you terminate the lease on this basis provided you have all documentation of rent reminder/requests? Say they are 2-5 days late repeatedly for 3 consecutive payments, you can evict them with the same termination process?

 

In NSW how many days late in rent payment can a tenant be before you can serve the 14 day termination notice? if the tenant is 14 days behind, on 15th date you can served 14 days termination notice (but that depends on method that you provide notification - i.e. if by mail you need to add extra days. It depends on what you agreement says). I always add a day to be on safe side of when your tenant needs to give you vacant property.

Then within the termination period you apply to Tribunal for an eviction order/case? And do you get hearing after the 14 day notice period. It depends on situation. If you are serious, you apply to NCAT immediately so they know you mean business. NCAT will come back with hearing notice 6 weeks out. If they pay their rent in mean time, the clock resets. If you want to just nudge them along, don't apply for a hearing wait to see how they respond to notice of termination. If you have landlord insurance, some will want to see you were actively trying to deal with the tenants being late immediately.

Also if a tenant is constantly late in rent payments can you terminate the lease on this basis provided you have all documentation of rent reminder/requests? Say they are 2-5 days late repeatedly for 3 consecutive payments, you can evict them with the same termination process? No. You can't evict someone on the basis that they are consistently a little late, and to be honest, whilst not ideal, does it matter if they are good tenants and if they always pay? Especially in current environment...

Bottom line is it is all very tricky and the process is cumbersome and a little unpredictable (esp throwing in there having to deal with Bonds, repairs etc). It is also a matter of where your property is at and if in a tough market, covid moratoriums, tenant history, etc etc... Best to try and work with your tenant rather than think eviction (assuming they are looking after the property and always paid on time previously).

Best of luck with it.

 

Hi Chris,

Appreciate your recommendation for 1 or 2 agents (if possible) that could handle eviction process in Blacktown, NSW. Got a tenant, stop paying rent and refuse to reply on any contact (email/phone). Thanks mate!