Landlord and Tenant Rights and Obligations (NSW)
Landlord and Tenant Rights and Obligations (NSW)
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.
Michelle Makela
Legal Practice Director
Michelle Makela has almost two decades of industry experience, coupled with a diverse academic background, and is committed to understanding the human side of law. Michelle holds a Juris Doctor, a Bachelor of Science (Psychology), and a Master of Criminology. She was admitted to legal practice in 2006. Over 19 years, Michelle has gained experience in commercial litigation, criminal law, family law, and estate planning. Her multidisciplinary background enables her to approach complex legal challenges strategically, compassionately and with an awareness of the big picture. Michelle leads the firm with integrity, sharp legal acumen, and dedication to delivering positive client experiences.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Studies show that owning a pet can provide measurable benefits, providing companionship and even improving the well-being and mental health of pet owners. Australians seem to see the advantages of a furred or feathered companion, as this country has one of the highest rates of pet ownership in the world. ....
Posted in:
Residential Leasing
Domestic Violence and Residential Tenancies (Qld)
In 2012, the Residential Tenancies and Rooming Accommodation Act 2008 was amended to allow people who are victims of domestic violence or family violence to leave a tenancy or to remain in a property safely. This page deals with the protections that now exist for victims of domestic violence who ....
Posted in:
Residential Leasing
Residential Tenancies Disputes (Qld)
Residential tenancies disputes are disagreements that arise regarding accommodation agreements such as a residential tenancy agreement or a rooming accommodation agreement. Residential tenancy disputes in Queensland are dealt with under the Residential Tenancies and Rooming Accommodation Act 2008. Tenant and landlord rights If a tenant or lessor believes any of their rights under ....
Posted in:
Residential Leasing
Under a standard residential tenancy agreement, only the individuals listed on the lease can live on the premises. However, there are occasions when a tenant needs to find a flatmate to share expenses or to take over the lease entirely. Someone who “subleases” stays in a rental property while the ....
Posted in:
Residential Leasing
A “tenancy database” is a list of tenants reported for a breach of their tenancy agreement. Real estate agents and property owners use these databases to screen prospective tenants. Being listed on a tenancy database can make it extremely difficult for a tenant to find rental accommodation. Given these serious ....
Posted in:
Residential Leasing
Tenant Rights and Obligations in Victoria
The Residential Tenancies Act 1997 (RTA) sets out tenant rights and obligations in Victoria as well as the rights and responsibilities of rental providers. This page explains tenants’ rights and obligations in Victoria. Starting a tenancy In Victoria, a tenant should be provided with the following documents when they lease a residential property: It ....
Posted in:
Residential Leasing
Landlord Rights and Obligations (NT)
In the Northern Territory, a person who leases out a property has a number of obligations and rights. The rights and obligations of parties to residential leases are set out in the Residential Tenancies Act 1999. This page deals with the rights and obligations of landlords in the NT. Starting a ....
Posted in:
Residential Leasing
Sub-letting Residential Tenancies (ACT)
Sub-letting Residential Tenancies (ACT) In the ACT, a tenant is not allowed to assign a lease or sublet premises without the written consent of the lessor. This page deals with assigning and sub-letting residential tenancies in the ACT. Legislation In the ACT, residential tenancies are governed by the Residential Tenancies ....
Posted in:
Residential Leasing
Tenant Rights and Obligations (Tas)
In Tasmania, a tenant has certain rights and responsibilities by virtue of the Residential Tenancy Act 1997. Tenants who enter into a residential tenancy agreement incur obligations and legal protections, although a tenancy agreement cannot contravene the minimum standards in the Tenancy Act. Starting a tenancy in Tasmania A tenancy ....
Posted in:
Residential Leasing
Terminating a Residential Lease (WA)
Terminating a Residential Lease (WA) Rent from residential properties is a common sources of income for investors. Investment properties can, however, be a giant headache for landlords (also known as lessors) when terminating a residential lease and re-possessing the property because of an un-cooperative tenant. Tenants may breach their lease ....
Posted in:
Residential Leasing
Tenant Rights and Obligations (NT)
Tenant Rights and Obligations (NT) Tenant rights and obligations in the Northern Territory are set out in the Residential Tenancies Act 1999, which is supplemented by Regulations. Before entering into a residential rental or tenancy agreement, a prospective tenant should read through the agreement carefully and ensure they understand all of the ....
Posted in:
Residential Leasing
Residential Tenancy Offences (NSW)
Residential Tenancy Offences (NSW) In New South Wales, residential leases are governed by the Residential Tenancies Act 2010 (RTA). That Act sets out the rights and responsibilities of tenants and lessors and the procedures to be followed when a dispute arises. It also contains criminal offences for which financial penalties ....
Posted in:
Residential Leasing