As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2010. These factsheets explains the laws in NSW about starting a tenancy, and tenants rights.

What the Act means for tenants

  • Most residential tenancies in NSW are covered by the Residential Tenancies Act 2010 (‘the Act’)
  • The Act and the regulations set out a standard residential tenancy agreement that gives rights and obligations to landlords and tenants.
  • The Act gives the Consumer, Trader and Tenancy Tribunal (CTTT) power to hear and settle disputes about residential tenancies, including bond disputes.

Who the Act covers

  • Private tenants who have a written or oral residential tenancy agreement
  • Social housing tenants, including tenants of Housing NSW, community housing providers and the Aboriginal Housing Office. Social housing providers have certain specific rights and obligations under the Act.

Who/what the Act does not cover

  • Tenants whose main place of residence is a residential park and who are covered by the Residential Parks Act 1998
  • ‘Protected’ tenants under the Landlord and Tenant (Amendment) Act 1948
  • Residential aged-care or respite-care premises
  • Serviced apartments, hotels, motels and backpackers hostels
  • Hospitals and nursing homes
  • Club premises used to provide temporary accommodation
  • Premises used mostly for the purpose of trade, profession, business or agriculture
  • Holiday parks occupation agreements
  • Retirement village residence contracts
  • Refuge or crisis accommodation agreements
  • Boarding and lodging agreements
  • Agreements giving the right to occupy residential premises for no more than 3 months for a holiday

It also does not apply:

  • Where a tenant made an agreement in good faith for the sale, purchase or mortgage of the residential premises
  • Where a tenant is a shareholder living in company title premises
  • Where a tenancy agreement is part of an equity purchase agreement which gives the tenant an option to buy
  • To most family arrangements.

Next Page> Your obligations under the Act

Information supplied courtesy of the Tenants Union of NSW

Further information and advice for NSW tenants can be sourced from www.tenants.org.au