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.