This guide is general information only and does not constitute legal advice. Tenancy legislation changes regularly. Consult a qualified professional or your state tenancy authority for advice specific to your situation.
Overview
New South Wales is governed by the Residential Tenancies Act 2010 (the Act), which sets out the rights and responsibilities of both landlords and tenants for residential rental agreements. The Act was significantly amended in 2020, tightening disclosure requirements, repair obligations, and the rules around ending tenancies.
NSW Fair Trading administers the Act and handles bond lodgement, complaint resolution, and landlord/tenant information. The NSW Civil and Administrative Tribunal (NCAT) resolves formal disputes between landlords and tenants when negotiation fails.
If you are self-managing a rental property in NSW, understanding this legislation is not optional. The penalties for non-compliance are real, and tenants are increasingly aware of their rights. For a deeper look at recent changes, see our guide to NSW rental laws for landlords. This guide covers the key obligations you need to get right.
Your Obligations as a Landlord
Property Condition and Fitness
You must provide the property in a reasonable state of cleanliness and fit for habitation at the start of the tenancy. This includes ensuring all facilities (plumbing, electrical, heating, cooking) are in working order.
Throughout the tenancy, you are responsible for maintaining the property to the same standard, accounting for fair wear and tear.
Repairs
Repairs fall into two categories under the Act:
- Urgent repairs must be attended to as quickly as possible. These include burst water services, gas leaks, dangerous electrical faults, flooding, serious storm damage, failure of essential services (hot water, cooking, heating, cooling, laundry), a fault likely to cause injury, and serious damage to the property. If the landlord cannot be contacted or fails to arrange repairs promptly, the tenant can arrange urgent repairs up to a prescribed limit and seek reimbursement.
- Non-urgent repairs must be carried out within a reasonable time after the tenant notifies you. There is no fixed statutory deadline, but an unreasonable delay can result in a tribunal order.
Safety Standards
- Smoke alarms must be installed on every level of the property and must comply with Australian Standard AS 3786. You are responsible for ensuring they are operational at the start of each tenancy and for replacing them when they reach end of life.
- Pool fencing must comply with the Swimming Pools Act 1992 if the property has a pool. A valid pool compliance certificate must be in place.
- Electrical safety: while NSW does not mandate periodic electrical safety inspections in the same way as Victoria, the property must have safe, functioning electrical systems.
- Window safety devices are required on openable windows in strata buildings above the ground floor.
Privacy
You cannot access the property without the tenant's consent outside of the circumstances permitted by the Act (inspections, repairs, emergencies). Excessive contact, surveillance, or unannounced visits can constitute harassment.
Bond and Security Deposits
The maximum bond in NSW is four weeks' rent for most properties. If the weekly rent exceeds $700, there is no legislated cap, but the amount must still be reasonable.
You must lodge the bond with NSW Fair Trading within 10 working days of receiving it. Holding the bond in your own account is a breach of the Act.
At the end of the tenancy, the bond is released through Fair Trading's online portal. If both parties agree, the refund (or claim) is processed directly. If there is a dispute, either party can apply to NCAT for a determination.
Legitimate bond claims include unpaid rent, damage beyond fair wear and tear, and cleaning costs if the property is not returned in a reasonable condition.
Visit the NSW Fair Trading bond portal for lodgement and claim forms.
Entry and Access Rules
NSW law is specific about when and how you can enter a rented property. You must provide the correct notice period and have a valid reason.
| Purpose | Notice Required |
|---|---|
| Routine inspection | 7 days written notice |
| Repairs | 2 days, or by arrangement |
| Prospective tenants | Reasonable notice (tenancy ending) |
| Prospective buyers | Reasonable notice |
| Emergency | No notice required |
| Court or tribunal order | As specified |
Routine inspections can be conducted no more than once every 3 months. The tenant does not have to be present, but they must have the opportunity to be.
You can only enter between 8:00 am and 8:00 pm on any day, unless the tenant agrees to another time. Entry on Sundays and public holidays requires tenant consent.
Rent Rules
Payment Methods
You must offer the tenant at least one fee-free method of paying rent. You cannot require payment by a method that imposes a surcharge (such as a credit card with fees) as the sole option.
Rent Increases
- Rent cannot be increased during a fixed-term agreement unless the agreement specifically provides for it and states the amount or method of calculation.
- For periodic agreements, rent can be increased no more than once every 12 months.
- You must give at least 60 days written notice of any rent increase.
- A tenant who believes an increase is excessive can apply to NCAT for a review.
Rent Records
You must provide receipts for all rent payments, unless the tenant pays by electronic transfer with a transaction record.
Ending a Tenancy
The rules for ending a tenancy depend on the type of agreement and the reason for termination.
Fixed-Term Agreements
- End of fixed term (no fault): You must give at least 30 days notice before the end date. The tenant must give at least 14 days.
- Breach by tenant: 14 days written notice for a non-payment breach, with the tenant having the opportunity to remedy the breach. For other breaches, the notice period and process depend on the severity.
- Sale of property: Not a valid standalone reason to terminate during a fixed term.
Periodic Agreements
- No-fault termination by landlord: 90 days written notice.
- No-fault termination by tenant: 21 days written notice.
- Breach: Same process as fixed-term agreements.
Special Circumstances
The 2020 amendments restricted some termination grounds. Landlords can no longer issue a no-ground termination during a fixed term. Termination notices must now state the specific ground relied upon.
If a tenant does not vacate after a valid termination notice, you must apply to NCAT for a termination and possession order. You cannot change locks or remove a tenant yourself.
Inspections
Routine Inspections
You may conduct routine inspections no more than once every 3 months. You must give 7 days written notice specifying the date, and the inspection must occur between 8:00 am and 8:00 pm.
Condition Reports
A detailed condition report must be completed at the start of every tenancy. This report documents the state of the property and each room, and is the primary evidence used to assess bond claims at the end of the tenancy.
The tenant must receive two copies of the condition report within 7 days of the start of the tenancy. They have 7 days to return a signed copy with any amendments.
At the end of the tenancy, a final inspection should be conducted against the original condition report. Photographs and written notes are strongly recommended.
Key Government Resources
- NSW Fair Trading: Renting: landlord information, forms, and guides
- Rental Bond Online: bond lodgement and claims
- NCAT (NSW Civil and Administrative Tribunal): dispute resolution and tribunal applications
- Residential Tenancies Act 2010: full text of the legislation
How propkt Helps
Managing a rental property in NSW means staying on top of bonds, inspections, repairs, and documentation. propkt's document vault lets you store leases, condition reports, and compliance certificates in one place. Automated reminders help you track inspection schedules and document expiry dates so nothing slips through. The maintenance tracker keeps a log of repair requests and completions, giving you an audit trail if a dispute reaches NCAT. And bond tracking with status management means you always know where things stand at the end of a tenancy.