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No-Grounds Eviction in Australia: Where It's Banned and Where It Still Applies

By Recording Law Editorial Team12 min read
No-Grounds Eviction in Australia: Where It's Banned and Where It Still Applies

Frequently Asked Questions

Which Australian states and territories still allow no-grounds eviction?

Only Western Australia and the Northern Territory still allow a landlord to end a residential tenancy without stating a reason, each requiring 60 days' written notice. The ACT, South Australia, New South Wales, Victoria and Queensland have all abolished it, and Tasmania has abolished it for periodic tenancies while keeping a fixed-term expiry ground that needs no further justification.

Which jurisdiction abolished no-grounds eviction first?

The ACT, effective 1 April 2023, when section 47 of the Residential Tenancies Act 1997 (ACT) was substituted with a grounds-based regime under Schedule 1 clause 96.

Can a Western Australian landlord still evict a tenant without a reason?

Yes, for a periodic tenancy. Section 64 of the Residential Tenancies Act 1987 (WA) allows a no-grounds notice of at least 60 days. The tenant can apply to the Magistrates Court within 7 days of the notice for up to 60 more days.

Can a Northern Territory landlord still evict a tenant without a reason?

Yes. Section 89 of the Residential Tenancies Act 1999 (NT) allows a no-grounds notice of 60 days for a periodic tenancy, and section 90 allows 60 days' notice before a fixed term expires.

Is Tasmania a no-grounds or grounds-based jurisdiction?

Both, depending on the tenancy type. Every Tasmanian landlord notice must cite a paragraph of section 42(1) of the Residential Tenancy Act 1997 (Tas). A periodic tenancy has no bare no-reason ground, but a fixed-term agreement can be ended simply because it is due to expire within 60 days, under section 42(1)(d), which needs no further justification.

Has Queensland abolished no-grounds eviction?

Yes. There is no longer a lessor's no-grounds ground in Chapter 5 Part 1 Division 2 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). The precise date this changed is still being confirmed, so this page describes the current position rather than a specific commencement date.

Is Western Australia about to abolish no-grounds eviction?

Not yet. A Phase 2 reform package covering no-grounds eviction was announced on 4 May 2026, but as of this page's verification date no Bill has been introduced to the WA Parliament. The current law, described above, still applies.

Does a fixed-term tenancy automatically end when the term expires, in a jurisdiction that has abolished no-grounds eviction?

Generally no. In Victoria, New South Wales and the ACT, a fixed-term tenancy that is not validly ended on a specific ground continues as a periodic tenancy rather than simply expiring. Check the relevant Act's rollover provision, since the mechanism differs by jurisdiction.

Sources and References

  1. Residential Tenancies Act 1997 (ACT) s 47 and Schedule 1 cl 96 (termination grounds)(legislation.act.gov.au).gov
  2. Residential Tenancies Act 1995 (SA) s 83 (termination by landlord on ground prescribed)(austlii.edu.au)
  3. Residential Tenancies Act 2010 (NSW) s 84 (grounds for termination notice)(austlii.edu.au)
  4. Residential Tenancies Act 1997 (Vic) s 91Q (periodic tenancy on expiry of fixed term)(austlii.edu.au)
  5. Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 291 (notice to leave for end of fixed term agreement)(austlii.edu.au)
  6. Residential Tenancy Act 1997 (Tas) s 42 (notice to vacate by owner)(austlii.edu.au)
  7. Residential Tenancies Act 1987 (WA) s 64 (notice of termination without ground)(austlii.edu.au)
  8. Residential Tenancies Act 1999 (NT) s 89 (periodic tenancy, other than for breach)(austlii.edu.au)
  9. Consumer Protection WA: No-grounds terminations in residential tenancies, frequently asked questions(consumerprotection.wa.gov.au).gov
  10. Northern Territory Consumer Affairs: Renting in the NT(consumeraffairs.nt.gov.au).gov
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