Land lease operators must abide by the new eviction laws for tenants
02/09/2026
A tenant recently shared their experience of renting a caravan in a land lease community in the Clarence Valley, NSW. The community caters for home owners, tenants and people seeking short term holiday let.
Marli (name changed for privacy) commenced her tenancy in July of 2024 with her partner and one child however they weren’t issued with a written tenancy agreement. Their tenancy continued until early June 2026 when they decided to leave the community.
Initially, their rental experience was going well with the manager at the community and Marli even took on some employment as a cleaner. This later shifted to continual accusations of breaking community rules and several attempts to terminate the tenancy. Marli felt that the timing of this shift coincided with finding employment outside of the community.
Attempts to terminate their tenancy began in February 2025 and Marli was proactive in seeking advice about their rights from the Northern NSW Aboriginal Tenants Advice and Advocacy Service (NATAAS).
'Just like all landlords, operators have a legal obligation to comply with the new eviction laws. The landlord must tell the tenant the reason for terminating the tenancy, and the reason must be legally valid and backed up with evidence. The landlord must also provide the correct notice period.'
– Jemma Pholi, Tenant Advocate at the Northern NSW Aboriginal Tenants Advice & Advocacy Service. Jemma assisted Marli to assert her rights.
The first eviction notice was issued for breaching the terms of agreement however Marli was advised to stay on because the notice didn’t meet the requirements under the Residential Tenancies Act 2010 to provide at least 14 days notice for termination due to breach. The operator did not pursue an action in the NSW Civil and Administrative Tribunal (NCAT) and the tenancy continued.
Marli sought advice again in August 2025 when the operator lodged a Tribunal application regarding another termination notice, issued for overdue rent and other breaches in performance of the agreement including some trivial complaints of breaking community rules.
At the directions hearing the operator was instructed by the Tribunal to state which legislation they were seeking a termination order under since the agreement with the tenant had been operating informally. NATAAS provided advocacy and representation in November 2025 assisting Marli to settle the overdue rent issue, and the remainder of the application was set down for hearing at a later date. That NCAT hearing went in Marli’s favour when the operator failed to attend the hearing in February 2026.
The community changed hands when a third eviction notice was issued by the new owner in March 2026. This time the notice had been issued on the grounds that the home was scheduled to be demolished. Marli had recalled some talk about developing the community but there had not been any formal communications issued and there were no obvious signs that the development was underway.
NATAAS was able to advise Marli that the operator’s intention to make use of the new termination laws on grounds that the premises is to be demolished would not succeed because it was not accompanied by the mandatory supporting documents and information.
The operator should have given Marli a termination information statement which gives tenants information about the termination process and where they can obtain assistance.
Marli should also have been given some of the prescribed supporting documents which serve as evidence that the grounds are genuine. For demolition of premises, this could be between two and four different documents.
The new eviction laws also discourage landlords from ending a tenancy under false pretences through 'exclusion periods.' These prohibit the home from being rented again for a period of time. The only exception in this case would be if NSW Fair Trading were satisfied the demolition didn’t take place for reasons outside of the operator’s control.
These law reforms mean that tenants like Marli and her family are protected from potential misuse of the new termination provisions that have been in force since 19 May 2025.
Marli was advised they could stay on however the family chose to leave the community some months later, relocating to live closer to family.
More information
- Factsheet: Eviction – landlord ends tenancy
- Guided pathway: Eviction notice checker
- Resource: Tenancy law has changed
- Factsheet: Tenants in land lease communities – rights and responsibilities
This article was first published in Outasite Lite 53.