Landlord and Tenant Rights and Obligations (NSW)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.

New South Wales’s Residential Tenancies Act 2010 was changed significantly in 2024. The amendments came after much campaigning for better protections of the rights of tenants in NSW. This page summarises the rights and obligations of landlords and tenants under the Act as it now stands.    

Landlords and tenants

A landlord is a person who owns a property and leases a property to another party. The party who is given the right to live in the property is referred to as a tenant or as a renter.

Often a landlord will appoint a real estate agency to manage the property. Where a property manager is appointed, they have the same obligations as the landlord in relation to the property and the tenant.

Am I in a landlord/tenant relationship?

A landlord/tenant relationship is created when the landlord grants the tenant the right to live in the property. In New Sout Wales, a landlord is under an obligation to provide a written tenancy agreement outlining the terms of the lease.

In a tenancy is entered into without a written agreement, the tenant’s rights will still be recognised.  

Rent

Landlords have the right to receive rental payments on time and tenants are obligated to pay their rent on time. Landlords must provide a free and convenient method for payment of rent. They must not require tenants to pay rent through a method where they accrue transaction fees when payments are made.

Rental increases may only occur once in a 12-month period. This applies to all residential leases whether fixed-term or periodic.

Bond

A landlord may require a tenant to pay a bond at the start of a tenancy. This is an amount of money to held as security for any damage done to the premises or any rent left unpaid. The bond must not be more than the equivalent of four weeks of rent.

Pets

Under the new laws, a tenant must still seek permission from their landlord to keep a pet at rental premises. However, a landlord must not refuse permission without a valid reason and must not impose unreasonable conditions on the keeping of a pet.

Terminations

A landlord has the right to terminate a lease at the end of a fixed-term tenancy or at any time during a periodic tenancy on one or more of the following grounds:

• To carry out significant renovations
• Because the property will no longer be used as a home
• Because the landlord or their family intends to move into the property
• Because the property is to be sold
• Because the tenant is no longer eligible to live in the premises (where the premises are for specific purposes).

A landlord terminating a tenancy must provide evidence of the reason for the termination. A landlord may also terminate a tenancy because the tenant is in breach of the agreement, or because of exceptional circumstances such as hardship to the landlord or the death of a tenant.

A landlord who is terminating a tenancy for a non-breach reason must provide a tenant with no less than 90 days of notice for a tenancy that has been on foot for more than six months, and no less than 60 days of notice for one that has been on foot for less than six months. A landlord who is terminating because of non-payment of rent or utilities must give at least 14 days of notice.

A tenant may terminate a lease at the end of a fixed-term tenancy by giving 14 days of notice, or during a periodic tenancy by giving 21 days of notice. A tenant may also terminate a fixed-term tenancy because the landlord is in breach of the agreement by serving a termination notice giving at least 14 days of notice.

Resolving disputes

The first step to resolving a tenancy dispute is to discuss the issue with the other party. If the property is managed by a real estate agency, the issue can be discussed with them. If an agreement is reached it is important to get the terms which are agreed upon in writing.

Where agreement cannot be reached, either party can seek mediation through Fair Trading NSW . A mediator will support parties to try to reach an agreement. If no agreement is reached, either party can apply to the NSW Civil and Administrative Tribunal (NCAT).

A decision made by NCAT is final and binding.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.