Four months into a 12-month NSW fixed-term lease, the landlord decides to sell and wants the tenant out in 90 days. The tenant is not in breach. What is the position?
Correct Answer
C) The proposed-sale ground cannot end the fixed term before its end date
NSW fixed-term agreements generally cannot be ended early by the landlord, except in special cases such as a tenant's breach. Landlord-side grounds like a proposed sale can be used for a termination date at the end of the fixed term or under a periodic agreement, with 90 days' notice where the fixed term is more than 6 months.
Why This Is the Correct Answer
A proposed sale is not one of the special cases that allows a fixed term to be ended early.
Why the Other Options Are Wrong
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At the end of a NSW tenancy, the agent lodges a claim on part of the bond for repairing damage. The tenant has not agreed to the claim. What must the agent give the tenant, and when?
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In 2026 a NSW landlord asks the agent to end a periodic tenancy because he simply wants a new tenant. The current tenant pays on time and keeps the property well. What should the agent advise?