Landlord Rights and Obligations (NSW)
Landlord Rights and Obligations (NSW)
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.
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