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.
Information supplied courtesy of the Tenants Union of NSW
Further information and advice for NSW tenants can be sourced from www.tenants.org.au