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In New South Wales, the Residential Tenancies Act 2010 sets out the rights and responsibilities of landlords and tenants in respect of residential rental properties. This Act was amended in 2024 to offer better rights protections for tenants. This page outlines the rights and obligations that landlords in NSW have under the latest version of the Act.
Starting a tenancy
When leasing a residential property, prior to the tenant moving in, the landlord must prepare a written tenancy agreement and provide the prospective tenant with a New Tenant Checklist before they sign the agreement.
They must complete an entry report of the property and give a copy to the tenant and ensure property complies with safety regulations.
Bond
A landlord is entitled require a new tenant to pay a bond before they move into the property. This bond must be lodged with Fair Trading NSW and must not amount to more than four weeks’ rent.
If the tenant causes damage to the property or leave the property unclean when they vacate the premises, the landlord may use money from the bond to cover the cost of the repairs or cleaning.
Entry of premises
Landlords may enter the property during a tenancy for a range of reasons including to inspect the property, to carry out repairs, or to show the premises to potential buyers. However, a landlord must give a tenant at least 24 hours of notice of their intention to enter the property.
Payment of rent
A landlord is entitled to receive the rent on or before the date it is due.
Landlords must provide tenants with a free and convenient method of paying the rent such as by electronic bank transfer or by Centrepay. A landlord must not require a tenant to pay rent via an app or other method of payment that involves the tenant being charged a transaction fee.
If rent is more than 14 days late the landlord may issue the tenant with a termination notice. This means that the tenant is required to vacate the property within 14 days of the notice. If the tenant pays the rent that they owe within 14 days of the notice they do not have to vacate the property.
In the event the tenant is in default of rental payments and fails to vacate the property, the landlord may apply to NSW Civil and Administrative Tribunal for an order to terminate the tenancy agreement and remove the tenant from the property.
Minimum housing standards
Landlords must ensure that properties comply with seven minimum housing standards.
These are:
- that the property is structurally sound
- that the property has adequate natural or artificial light in each room except for storage areas
- that the property has adequate ventilation
- that the property is supplied with electricity or gas
- that the property has adequate plumbing or drainage
- that the property has adequate running hot and cold water
- that the property has bathroom facilities including a toilet and washing facilities that allow privacy.
Natural disasters
If a residential rental property is destroyed or damaged in a natural disaster and the property is unfit to live in, the landlord must issue the tenant with a notice to immediately vacate the property.
In this situation, the landlord must refund any rent that has been paid in advance past the date of termination.
If the property is only partially destroyed, but can still be lived in, the landlord must carry out repairs to the property and may be required to reduce the rent while this is occurring.
Repairs
The landlord is obligated to keep the property in a reasonable state of repair. This means carrying out maintenance and repairs to the property. The repair costs must be covered by the landlord, except where the tenant has caused the damage.
Water charges
A landlord may charge a tenant for water usage in the rental property if:
- the property has its own meter and
- the property meets water efficiency standards.
A landlord must not charge a tenant more for water than the cost of the water usage noted on the water bill.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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faqs: - question: 'What happens if a landlord enters the rental property without giving proper notice to the tenant?' answer: 'Under the Residential Tenancies Act 2010 (NSW), landlords must provide at least 24 hours notice before entering rental premises. If a landlord enters without proper notice, they may be in breach of their obligations under the Act. Tenants can lodge complaints with Fair Trading NSW or seek orders from the NSW Civil and Administrative Tribunal for compensation or to prevent future unauthorised entries by the landlord.' - question: 'Can NSW landlords increase rent during a fixed-term tenancy agreement?' answer: 'NSW landlords cannot increase rent during a fixed-term tenancy agreement unless the lease specifically includes a rent review clause that allows for increases. For periodic tenancies, landlords must provide at least 60 days written notice of any rent increase and cannot increase rent more than once every 12 months. The increase must also be reasonable and not excessive under NSW residential tenancy laws.' - question: 'How much does it cost to get legal advice about landlord rights and obligations in NSW?' answer: 'Go To Court Lawyers offers fixed-fee consultations for $295, providing you with clear legal advice about your landlord rights and obligations under NSW law. This consultation covers your specific situation, explains your legal position, and outlines potential options available to you. Additional costs may apply if ongoing legal representation is required, but these will be discussed transparently during your initial consultation with our experienced civil law team.' - question: 'How can a lawyer help landlords with tenancy disputes in NSW?' answer: 'A lawyer can assist NSW landlords by drafting compliant tenancy agreements, advising on proper notice procedures, and representing you at the NSW Civil and Administrative Tribunal (NCAT) for disputes involving unpaid rent, property damage, or tenancy breaches. They can help recover unpaid rent, navigate bond claim processes, ensure compliance with the Residential Tenancies Act 2010, and provide strategic advice on termination notices and possession proceedings.' - question: 'What are the time limits for landlords to take action against tenants for unpaid rent in NSW?' answer: 'NSW landlords can issue a termination notice if rent is more than 14 days overdue, giving tenants 14 days to vacate or pay the outstanding amount. Applications to NCAT for possession orders or unpaid rent must generally be made within 12 months. For bond claims, landlords have specific timeframes after tenancy ends. Acting quickly is crucial as delays can affect your legal rights and recovery options under NSW tenancy laws.' ---