Barely a month after tenancy legislation reform came into effect, NSW Government has decided to quietly water down evidence requirements for landlords seeking to evict tenants for ‘significant renovations or repairs’.  

Before Minister Chanthivong MP, Minister for Better Regulation and Fair Trading, introduced the Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025 [NSW] on 20 June, effective immediately, landlords looking to evict a tenant for significant repairs or renovations had to provide a written statement and supporting evidence, to be chosen from five options, including development consent or a quote from a builder or licensed tradesperson. This evidence requirement was designed to protect renters from unscrupulous landlords using renovations as a pretext to unjustly evict people from their home. It would have been easy to meet for anyone wishing to undertake genuine renovations or repairs requiring the property to be vacant. It has now been removed.  

Shelter NSW, along with many other tenant advocates – see the powerful media release from our Tenants Union of NSW colleagues – is deeply disappointed and concerned that NSW Government would decide to undermine its own tenancy legislation reform so rapidly after its commencement.  

Our concern and dismay are threefold. 

First, the removal of evidentiary requirements is obviously a procedural fairness issue.  

Second, it sends a deeply concerning message about how seriously NSW Government takes unjust and unfair evictions. This change risks undermining the rest of eviction regulation reform by sending the message that seeking to evict a person from their home is not a serious course of action to undertake. 

Third, this significant change was done with little regard to transparency or consultation with tenant advocates and the housing and homelessness sector. There was no public consultation, and Shelter NSW only formally found out about the change afterwards.  

Other jurisdictions that have left open loopholes of a similar nature, such as Canada, have rapidly found themselves dealing with the phenomenon of ‘renovictions’, i.e. ingenuine renovation claims made to evict tenants. And it is highly unlikely the short re-letting exclusion period of four weeks will discourage dodgy landlords from engaging in the practice.