As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019. This factsheet outlines the law in NSW about starting a tenancy – including the form of the residential tenancies agreement, what information you can expect the landlord or agent to provide, what costs you can be asked to pay, and the rules about the condition report.
The residential tenancy agreement is a contract. It has standard ‘terms’ that are the tenant’s and landlord’s rights and obligations.
Tenancy agreements are usually in written form. They can also be oral (e.g. a conversation with the landlord), or partly written–partly oral. All agreements must follow the Residential Tenancies Act 2010 (‘the Act’).
A landlord should provide the tenancy agreement in writing. If not, then during the first 6 months of the tenancy, they cannot increase the rent and cannot end the tenancy without a legally specified reason.
There are two types of agreement:
The landlord may include additional terms in the standard tenancy agreement if:
If you rent part of the premises from another tenant, it is in your interest to have a written tenancy agreement with them. See Factsheet 15: Share Housing and Factsheet 18: Transfer and sub‑letting.
A landlord/agent must state a fixed amount of rent in the advertisement or offer for the rental property. Any attempt to solicit a higher amount than the advertised amount is prohibited.
If a landlord decides to enter into a tenancy agreement with you, they (or their agent) must not knowingly hide any of these ‘material facts’ from you:
If your premises is in a building where a rectification of the building’s external combustible cladding is required, the landlord/agent must tell you if any of the following have been issued in relation to this:
The landlord (or their agent, if the agent is aware) must also tell you if either of the following apply:
You may be able to terminate your tenancy if your landlord fails to disclose any of these material facts to you. See Factsheet 09: You want to leave.
A landlord must sign an acknowledgment on the tenancy agreement that they have read and understood the contents of an information statement which sets out the landlord’s rights and obligations under the law.
Real estate agents signing this acknowledgement must first obtain a written statement from the landlord that the landlord has read and understood their rights and obligations as set out in the information statement.
Social housing providers (including NSW Land and Housing Corporation, community housing providers & the Aboriginal Housing Office) are exempt from signing this acknowledgment.
The landlord/agent must give you a NSW Fair Trading New tenant checklist. If you are renting in a strata scheme, they must give you a copy of the strata by-laws within 7 days, and inform you if a strata renewal committee is currently established for the scheme.
Before or when you sign the tenancy agreement, the landlord/agent must give you these contact details in writing (or include them in the tenancy agreement):
A landlord/agent can only ask you to pay:
Get a detailed receipt for any payments you make.
The Rentstart loan scheme helps disadvantaged tenants in the private rental market with money for bond and rent in advance. Apply through DCJ Housing (call 1300 468 746).
A landlord/agent may ask you to pay a holding fee on approval of your application for a tenancy. The most they can ask for is one week’s rent.
The landlord/agent can hold only one fee at a time. On receiving a holding fee, they can’t enter into an agreement with another prospective tenant for 7 days (or longer, if you both agree).
Upon signing the tenancy agreement, the fee goes toward the rent from the first day of your tenancy.
The landlord/agent must refund the fee if:
If you otherwise decide not to enter into the tenancy agreement, the landlord/agent can keep the fee.
The landlord/agent or the tenancy agreement cannot require you to pay more than 2 weeks rent in advance (you may choose to pay more). They cannot demand further rent until it falls due and cannot ask for a post- dated cheque.
The bond is money you pay at the start as security in case you don’t follow the terms of the tenancy agreement.
The landlord/agent must fill in a condition report and provide this to you when you move in. The report describes the condition of the premises. The landlord/agent must give you 2 copies –one for you to keep and one for you to return to them. You must complete your condition report and return one copy to the landlord or agent within 7 days of moving in.
If the landlord/agent does not give you a condition report, write a detailed report on the condition of the premises yourself and have a witness sign and date it.
Inspect the premises and complete the report carefully. The report will be used as evidence if the landlord/ agent disputes the return of your bond at the end of the tenancy.
It is also a good idea to take photographs at the start (and the end) of the tenancy, and store them in a safe place.
If the landlord undertakes to do cleaning, repairs, additions or other work, write details in the section ‘Landlord’s promise to undertake work’.
The landlord/agent must give each tenant named in the tenancy agreement a free copy of the keys (or other opening devices) for the premises and for common property that the tenants are entitled to access.
Get advice from your local Tenants’ Advice Service about applying to the Tribunal or complaining to Fair Trading.
You can apply to the Tribunal for order/s that:
You can complain to Fair Trading if a landlord/agent, for example:
Factsheet updated October 2023
This factsheet is intended as a guide to the law and should not be used as a substitute for legal advice. It applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia. © Tenants’ Union of NSW.