By Wes

I’ve always said that buying or selling a property isn’t just a transaction. It’s a chapter in someone’s life story. And when that story includes tenants, it becomes a little more layered, a little more human. This is especially true now in New South Wales, where recent tenancy reforms have changed the rules of the game in a way that every buyer and seller of tenanted properties needs to understand.

So let’s unpack what’s happening and more importantly, how it feels to navigate this new terrain.

What Changed and Why It Matters

NSW has officially said goodbye to “no grounds” evictions. That means landlords can’t just ask tenants to leave without a valid reason anymore. And honestly, that’s fair. A home, for many, is not just an address. It’s the background to their daily life, their memories. If you’re going to interrupt that, you better have a good reason.

So what qualifies as a good reason?

You’re selling the place and need it vacant.
You’re doing serious renovations, not just repainting the lounge.
You or your family need to move in.
Or the tenant hasn’t held up their end of the lease.

And even then, you’ll need to give sixty to ninety days’ notice, depending on the lease type. No shortcuts.

For Sellers: The Clock Starts Earlier Now

If you’re thinking of selling a property that’s currently tenanted, the planning starts much earlier. That ninety-day notice period for a periodic lease isn’t just a number. It’s a negotiation with time, expectations, and the buyer’s needs.

Want to offer vacant possession at settlement? You’ll need to build in that buffer and coordinate it carefully. A rushed notice or worse, a poorly reasoned one, can jeopardize the entire sale.

Plus, the government has added a safeguard. If you evict a tenant under the pretext of selling and then re-list the property for rent within six months, that is a problem. There are now mandatory wait times before you can re-let a property after ending a lease for certain reasons. It is the law’s way of saying, mean what you say or do not say it at all.

For Buyers: Inherit the Lease, Understand the Stakes

If you’re buying a property with tenants, you’re stepping into an existing relationship. Legally and ethically, you’re bound to respect it.

Now, if you’re planning to live in the home yourself, you’ll need to make sure the seller has properly issued notice and that it aligns with the lease’s terms. Otherwise, you could find yourself owning a property you cannot move into for months.

And if the tenant has just vacated due to one of those special circumstances, like renovations or an owner move-in, you won’t be able to lease it again right away. In some cases, you’ll have to wait up to a year.

The Human Element

What I appreciate about these reforms, despite their complexity, is that they acknowledge the emotional contract of renting. Too often, we talk about tenants and landlords in purely transactional terms. But homes are emotional terrain. We cry in our kitchens. We dance in our living rooms. We argue in the hallway on the way out the door. Tenancy is about living, not just leasing.

For buyers and sellers, these new rules demand more empathy and more foresight. It is no longer just about ticking the legal boxes. It is about asking, how do we transition this property in a way that respects everyone’s timeline?

Want to Discuss the implications more? Let’s Chat