Landlord Guide to Renting in New South Wales

All residential tenancy agreements in NSW must use the standard form prescribed by NSW Fair Trading. Agreements can be for a fixed term or periodic (continuing). Landlords must provide the tenant with a signed copy of the agreement before the tenancy starts, along with the NSW Tenant Information Statement.

• Standard form agreements prescribed under the Residential Tenancies Act 2010
• Fixed-term agreements specify an end date; periodic agreements continue until terminated by either party
• Landlord must provide a copy of the signed agreement and the NSW Tenant Information Statement
• Any term that conflicts with the Act is void and unenforceable

In NSW, a rental bond is limited to four weeks' rent for premises where the weekly rent is under $900 per week. For premises at $900 or more per week, there is no statutory cap. The landlord or agent must lodge the bond with the Rental Bonds Board within 10 business days of receiving it.

• Maximum bond: 4 weeks' rent where weekly rent is under $900
• Bond must be lodged with the Rental Bonds Board within 10 business days
• Landlord must provide the tenant with a bond lodgement receipt
• Bond can only be used for unpaid rent, damage beyond fair wear and tear, or cleaning costs

NSW landlords must make a range of disclosures before or at the time the tenancy agreement is signed. These are designed to ensure tenants are fully informed about the property and their rights.

• Condition report completed at the start and end of the tenancy
• Disclosure of any material facts about the property (e.g., flooding history, significant health or safety risks)
• Strata by-laws must be provided if the property is in a strata scheme
• Inclusion of the standard NSW Tenant Information Statement with the agreement

Rent must be payable by at least one fee-free method. Landlords cannot require more than two weeks' rent in advance for periodic agreements, or one month for fixed-term agreements. A receipt must be provided for cash payments.

• At least one fee-free payment method must be offered
• Maximum rent in advance: 2 weeks (periodic) or 1 month (fixed-term)
• Landlords must issue receipts for cash payments within 3 business days
• Rent cannot be increased during a fixed-term agreement unless the agreement allows it and specifies the amount or method of calculation

Landlords must ensure the property is reasonably clean, fit for habitation, and in a reasonable state of repair at the start and throughout the tenancy. Urgent repairs must be addressed promptly.

• Landlord is responsible for all repairs except those caused by tenant misuse
• Urgent repairs (e.g., burst water service, gas leak, serious fault in essential services) must be arranged as soon as possible
• Non-urgent repairs must be completed within a reasonable time after notification
• If the landlord fails to act, the tenant may apply to NCAT for a repair order

A landlord may enter the property only in the circumstances specified by the Residential Tenancies Act 2010. Written notice is generally required, and the entry must occur within specified hours.

• Routine inspections: maximum 4 per year, with at least 7 days' written notice
• Entry for repairs: at least 2 days' notice (except urgent repairs)
• Entry to show prospective tenants or purchasers: reasonable notice required
• Entry hours: between 8:00 am and 8:00 pm unless the tenant agrees otherwise

Rent may only be increased once every 12 months for both fixed-term and periodic agreements. The landlord must give at least 60 days' written notice of the increase. The increase must not be excessive, and a tenant can apply to NCAT if they believe the increase is unreasonable.

• No more than one rent increase per 12-month period
• At least 60 days' written notice required
• Tenant may apply to NCAT if the increase is considered excessive
• Fixed-term agreements may only include an increase if the method or amount is specified in the agreement

Both landlords and tenants must provide written notice to end a tenancy. Notice periods vary depending on whether the agreement is fixed-term or periodic and the reason for termination.

• Landlord ending a periodic tenancy (no grounds): 90 days' notice
• Tenant ending a periodic tenancy: 21 days' notice
• Landlord ending a fixed-term tenancy at expiry: 30 days' notice (if term is 6 months or more)
• Breach by tenant: 14 days' notice for non-payment of rent; termination notice for other breaches

A landlord cannot physically evict a tenant without an order from the NSW Civil and Administrative Tribunal (NCAT). If the tenant does not vacate after receiving a valid termination notice, the landlord must apply to NCAT for a termination and possession order.

• Self-help evictions (e.g., changing locks, removing belongings) are illegal
• Landlord must apply to NCAT for a termination order if the tenant does not vacate
• NCAT may grant immediate termination for serious breaches (e.g., damage, illegal activity)
• A warrant for possession is enforced by the NSW Sheriff if needed

At the end of the tenancy, the landlord and tenant should agree on how the bond is to be distributed. If there is no agreement, either party can apply to the Rental Bonds Board for a refund. Disputes are resolved by NCAT.

• Bond claims must be lodged with the Rental Bonds Board
• If both parties agree, refund is processed within approximately 2 business days
• If there is a dispute, either party may apply to NCAT for an order
• Landlord must complete a final condition report to support any claim