Know Your Script
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New South Wales

Can my landlord evict me in New South Wales for using prescribed cannabis at home?

Clear law, contested application

The short answer

Lawful use of a prescribed medicine is not illegal use of the premises. Where a lessor has an argument at all it usually comes from a smoke, vapour or nuisance term in the agreement — the same term that would apply to tobacco.

General information, not advice. This page describes the law as at the last-checked date shown at the foot of it. It does not take your circumstances into account, and small differences in circumstances change outcomes. If a decision turns on this, speak to someone qualified about your own situation.

What the law says here — and what is still to be confirmed

The material below has not been checked against the instruments it describes. It is set out rather than withheld so you can see exactly what is open, and so a professional reviewing this page knows what to check.

  • Open the Residential Tenancies Act 2010 (NSW) and identify (a) the termination grounds available to a lessor, (b) any ground referring to use of the premises for an illegal purpose, and (c) the tenant's obligation not to cause a nuisance or interfere with a neighbour's peace and comfort. Record the section numbers. Possession of a lawfully dispensed medicine is authorised by the prescription, so the 'illegal purpose' ground should not be engaged — confirm that, and confirm whether NCAT has decided the point.

What is still to be confirmed about the consequences

The material below has not been checked against the instruments it describes. It is set out rather than withheld so you can see exactly what is open, and so a professional reviewing this page knows what to check.

  • Record the notice periods and the process for the grounds identified above, and whether NCAT has any published decision involving a prescribed patient.

What to carry

  • Your residential tenancy agreement, with any smoke, vapour, odour or nuisance term identified.
  • The pharmacy label, which is what makes your possession lawful.

What to say

  • If asked, you are using a lawfully prescribed medicine. You are generally not required to name your medical condition to a lessor or agent.

What not to do

  • Do not volunteer your diagnosis to an agent. Health information attracts privacy protection and volunteering it rarely helps you.
  • Do not ignore a breach notice. Tribunal timeframes in NSW are short and strict.

Sources

No sources recorded yet. This is one reason the page is still unchecked — a legal statement without a source is an opinion.

Cite this page

Know Your Script, ‘Whether a landlord in NSW can act on your lawful use at home’ (New South Wales), https://www.knowyourscript.com.au/tenancy/landlord-evict-for-use/nsw/ (not yet checked against primary sources — not for citation).

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Status: not yet checked against primary sources — general information, not legal advice