Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022

Briefing Note

Name of Bill: Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022

Introduced by: Jenny Leong MP, Greens Housing Spokesperson

Date of second reading speech in Parliament: 13 October 2022

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022

Jenny Leong MP has introduced a bill to NSW Parliament to end no grounds evictions and set out the reasonable grounds by which an eviction can occur to tackle the escalating rental crisis.

One of the biggest issues for renters in NSW is a lack of stability. While rental laws in other countries have been set up to provide long term security for tenants, in NSW many renters don't know where they'll be living from year to year. 

Currently at the end of a rental agreement, which are usually for just six or twelve months, a landlord can tell a tenant that they have to move out of their home without providing any reason, even if the tenant has met all of their responsibilities and paid the rent on time.

Data released by the Tenants Union in February 2022 estimates that evictions cost the average renter more than $4,000 and up to 30% of renters will face an eviction, through no fault of their own.  NCAT data for 2021-22 shows that in the private rental market, landlords make 70% of applications to NCAT including eviction claims against tenants.

Queensland, Victoria and Tasmania have all moved to end no grounds evictions including. The UK Conservative Party pledged to end “no-fault” evictions in 2019. 

Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022 

The Greens bill sets out the grounds by which a lease can be terminated as:

  1. The landlord, or close family member or the landlord, intends to live in the property for more than 12 months;
  2. The landlord intends to carry out renovations or repairs that will make the property uninhabitable for a period of more than 4 weeks and all necessary permits/approvals have been acquired;
  3. The premises will be used in a way, or kept in a state, that it cannot be used as a residence for at least 6 months;
  4. Other grounds prescribed by regulations set out by the Minister. 

The bill would also empower the NSW Civil and Administrative Tribunal to compensate tenants if a landlord breaches the grounds of an eviction, including:

  1. Directing the landlord to use the property as per the grounds set out in the eviction; and/or
  2. Reinstating a Residential Tenancies Agreement to tenants wrongfully evicted; and/or
  3. Paying compensation to a tenant to cover the costs associated with a  wrongful eviction.

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