New South Wales Tenancy Help

If you are renting a home in New South Wales or thinking of doing so soon, the information in this guide will help you avoid common renting pitfalls and to have a harmonious (and lawful) relationship with the property owner or agent. The information on the website outlines the tenants rights and responsibilities in relation to the Residential Tenancies Act 2010.

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.

This guide doesn’t take the place of the Act, nor does it pretend to cover everything; but it will give you a good working knowledge of your rights and responsibilities as a tenant. It is not legal advise.

FAQ Guide for New South Wales

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