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Eviction Grounds and Notice Periods in Australia by State and Territory

By Recording Law Editorial Team11 min read
Eviction Grounds and Notice Periods in Australia by State and Territory

Frequently Asked Questions

Does a termination notice end my tenancy immediately?

No. A notice only starts the process. If you do not leave by the date it states, the landlord must apply to the relevant tribunal or court for a possession order, and only that order, followed where necessary by a warrant, can compel you to leave.

Which Australian jurisdictions still allow a no-reason eviction notice?

Only Western Australia and the Northern Territory. Both require 60 days' notice for a periodic tenancy and do not require the landlord to state a reason. Every other jurisdiction now requires a specific ground, and Tasmania requires one for periodic tenancies while allowing a no-justification expiry ground for fixed terms.

How much notice does a landlord have to give to sell the property?

It depends on the jurisdiction: for example 8 weeks in the ACT under Schedule 1 clause 96. Notice periods for a sale ground differ across the other jurisdictions, so check the specific figure in your state or territory's current Act.

Which tribunal decides a tenancy dispute in my state?

NCAT in New South Wales, VCAT in Victoria, QCAT in Queensland, SACAT in South Australia, ACAT in the ACT, and NTCAT in the Northern Territory. Western Australia uses the Magistrates Court, and Tasmania uses the Residential Tenancy Commissioner and the Magistrates Court, except for pet-consent disputes, which TASCAT has heard since 20 March 2026.

Can my landlord change the locks without a court or tribunal order?

No. In every Australian jurisdiction, a landlord must obtain a possession order, and in most cases a warrant for eviction, before physically removing a tenant. Locking a tenant out without one is unlawful regardless of what the termination notice said.

What can I do if I think my termination notice is invalid?

Check it against the current Act in your jurisdiction: whether it is in the correct form, states a ground where one is required, and gives at least the minimum notice period for that ground. You can generally raise a defective notice, or dispute a stated ground, at the relevant tribunal before any possession order is made.

Does Western Australia's Magistrates Court process work differently from a tribunal?

In substance the Magistrates Court decides tenancy possession applications much as a tribunal would elsewhere, but it is a court, not the State Administrative Tribunal, which has no role in Western Australian residential tenancies. Since 28 March 2026, some first-instance bond, pet and minor-modification disputes go to a Commissioner for Consumer Protection determination instead, with a 7-day appeal to the Magistrates Court.

Is there a general anti-retaliation protection against eviction in Australia?

It varies by jurisdiction and ground rather than existing as one uniform national rule. Queensland's end-of-fixed-term ground, for example, has a specific statutory bar on retaliatory use. Other jurisdictions rely on the tribunal's general discretion. Check the specific ground and jurisdiction that applies to you.

Sources and References

  1. Residential Tenancies Act 1997 (ACT) Schedule 1 (termination grounds and notice periods)(legislation.act.gov.au).gov
  2. Residential Tenancies Act 2010 (NSW) ss 87C-87N (termination grounds)(legislation.nsw.gov.au).gov
  3. Residential Tenancies Act 1997 (Vic) s 91Q (periodic tenancy on expiry of fixed term)(austlii.edu.au)
  4. Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 291 (notice to leave for end of fixed term agreement)(austlii.edu.au)
  5. Residential Tenancy Act 1997 (Tas) s 42 (notice to vacate by owner)(austlii.edu.au)
  6. Residential Tenancies Act 1987 (WA) s 64 (notice of termination without ground) and s 12A (Magistrates Court jurisdiction)(austlii.edu.au)
  7. Residential Tenancies Act 1999 (NT) s 89 (periodic tenancy, other than for breach)(austlii.edu.au)
  8. Residential Tenancies Act 1995 (SA) s 83 (termination by landlord on ground prescribed)(austlii.edu.au)
  9. NSW Civil and Administrative Tribunal (NCAT): Tenancy(ncat.nsw.gov.au).gov
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