Landlord/Agent to provide certain information Before signing a Tenancy Agreement

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If a landlord decides to enter into a tenancy agreement with you, they (or their agent) must not knowingly hide any of these ‘material facts’ from you:

  • the premises have been subject to serious flooding or bushfire in the last 5 years
  • the premises are subject to significant health/safety risks that are not apparent on inspection
  • the premises have been the scene of a serious violent crime in the last 5 years
  • you will receive different council waste services than applicable to others in the council area
  • you will not be able to get a free residential parking permit (in an area where only paid parking is available)
  • there is a driveway or walkway on the premises that others are legally entitled to use.

The landlord (or their agent, if the agent is aware) must also tell you if either of the following apply:

  • they propose to sell the premises (if they have prepared a contract for sale of the premises)
  • a mortgagee has commenced proceedings in a court to enforce a mortgage over the premises.
    If the landlord (or agent) fails to disclose any sale or mortgagee action, they face a fine of up to $440.

On signing a tenancy agreement
The landlord/agent must give you a copy of the NSW Fair Trading New tenant checklist. If you are renting in a strata scheme, they must give you a copy of the by-laws within 7 days.

Landlord’s/agent’s contact details

Before or when you sign the tenancy agreement, the landlord/agent must give you written notice of the following contact details (or they must include them in the tenancy agreement):

  • the name, phone number and business address of the landlord’s agent (if any) and the name and phone number or other contact details of the landlord
  • (if there is no agent) the business or residential address and phone number of the landlord
  • (if the landlord is a corporation) the name and business address of the corporation.

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Information supplied courtesy of the Tenants Union of NSW

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