Section 86 — Residential Tenancies Act 2010 (NSW)

Offence for terminating when ground not genuine

(1) A landlord or landlord’s agent must not give a termination notice on a ground that is not genuine.
(2) It is a defence to an offence under this section if the landlord or landlord’s agent shows that the landlord or agent did not know, and could not reasonably have found out, the ground for giving the termination notice was not genuine.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 83 — Termination orders
s 84 — Subdivision sets out grounds for giving termination notice
s 85 — Information and documents to be given with termination notice
s 87 — Offence of entering into new agreement within exclusion period
s 87A — Wrongly terminated tenancy does not invalidate later tenancy
s 87B — Subdivision does not apply to long-term tenancy

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