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
- About Boarders and Lodgers
- About the Consumer Trader and Tenancy Tribunal Tribunal
- Application to Consumer Trader and Tenancy Tribunal without Notice
- Applying for a hearing Consumer Trader and Tenancy Tribunal
- Applying for an Excessive Rent Order
- Applying to the Consumer Trader and Tenancy Tribunal for Orders
- Asbestos and Lead
- Bond
- Bond Repayment to Former Co-Tenant
- Breach of Agreement by Landlord
- Breaking the Agreement
- By-Laws and Rules
- Change of Shared Tenancy
- Changing a Consumer Trader and Tenancy Tribunal Hearing Date
- Claim on Bond by Landlord/Agent
- Claiming the Bond Back
- Condition Report
- Consumer Trader and Tenancy Tribunal Rehearing
- Correct Notice of a Rent Increase
- Costs at the Start
- Deposit of the Bond
- Discrimination
- Domestic Violence and Your Tenancy
- Early Termination on a Prescribed Extraordinary Ground
- Ending the Tenancy for a Legally Specified Reason
- Ending Your Tenancy as a Co-Tenant
- Entry to Your Premises - With and Without Consent
- Goods Left Behind
- Hardship to You
- Holding Fees
- How much notice the Landlord must give
- How often the Rent may be Increased
- How the Landlord can End Your Agreement
- How the Rent may be Increased
- If the Consumer Trader and Tenancy Tribunal makes a Termination Order
- If the Landlord Fails to do Repairs
- If You are in Arrears
- Insurance to property when you are not there
- Interference with Your Privacy
- Keys for each Tenant
- Landlord's Obligations
- Landlord/Agent to provide certain information Before signing a Tenancy Agreement
- Landlords Right to Enter the Premises
- Landlords/Agents Contact Details
- Leaving during the Fixed Term of Your Agreement
- Limits to Entry Without Consent
- Locks and security
- Mortgagees and Tenants
- Mould - The Facts
- Negotiating a Smaller Rent Increase
- No Eviction by the Owners Corporation
- No Eviction without a Consumer Trader and Tenancy Tribunal or Court Order
- NSW Phone Numbers
- Owners Corporation Meetings
- Paying the Bond
- Pets
- Premises Unusable
- Prescribed Extraordinary Grounds
- Reasonable Excuses for Changing the Locks
- Renewing a Consumer Trader and Tenancy Tribunal Application
- Rent in Advance
- Rent Increase - How the Rent may be Increased
- Renting in a Boarding House
- Repairs - Getting Urgent Repairs Done
- Repairs - Non-Urgent Repairs
- Repairs - Repairs and Maintenance - Landlord's Obligations
- Repairs - Repairs and Maintenance - Tenant's Obligations
- Repairs - Repairs to Common Property
- Repairs - Storm Damage
- Repairs - Urgent Repairs
- Representation Consumer Trader and Tenancy Tribunal
- Residential Tenancy Agreement
- Resolving Disputes, Occupants of Strata Schemes, or Owners Corporation and an Occupant
- Retaliatory Eviction
- Share Housing
- Smoke Alarms
- Social Housing Providers
- Social Housing Tenancies - Rent Rebate
- Tenancy Agreements in Share Housing
- Tenant Databases
- Tenants Advice and Advocacy Services
- Tenants Union of NSW
- Termination for Breach of Agreement
- Termination for Breach of Agreement (Tenant)
- Termination for Non-Payment of Rent
- Termination for Rent Increase in Long-Term Fixed-Term Agreement
- Termination for Sale of Premises
- Termination Notice
- Termination Without Grounds
- Terms of the Standard Tenancy Agreement
- The First Consumer Trader and Tenancy Tribunal Hearing
- The Owners Corporation Body Corporate
- Transfer and Sub-Letting
- Transfer of Bond
- Transfer of Tenancy
- Unlawful Entry
- Utilities
- Vacating before end of your Termination Notice
- Vacating before Termination Date
- What the Act means for Tenants
- What to take to the Consumer Trader and Tenancy Tribunal Hearing
- Who is covered by Landlord's and Tenant Act?
- Who/what the Landlord's and Tenant Act does not cover
- Withdrawal of Termination Notice
- You are told you are 'Behind in Rent'
- You must pay Rent in Advance
- You think a Rent Increase is Excessive
- You want to leave - How much notice you must give?
- You want to leave - Usual steps to end your Tenancy
- Your Obligations
- Your Obligations under the Act
- Your Rights - Entry Into Your Premises
- Your Rights under the Act
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