Sets a legal framework for residential tenancy agreements in New South Wales, defining who counts as a landlord, tenant, landlord’s agent, what counts as residential premises, rent, rental bond and related terms (s3). It applies to agreements made before or after commencement unless specifically excluded (s6).
Specifies which premises and agreements are excluded (for example, certain aged care, serviced apartments, hotels, hospitals, company‑title schemes and very long leases) and allows regulations to add conditional exemptions (s7, s8, s12). It also expressly covers certain caravan park and land lease community tenancies (s8A).
Requires most tenancy agreements to be in writing at the start and created in or converted to prescribed/standard forms where regulations require; the Tribunal may order a landlord to prepare a written agreement where one is missing (s14, s15, s16). If a tenant signs and gives an unsigned agreement to the landlord, landlord conduct (accepting rent or acting on the agreement) can validate it (s17).
Converts fixed term agreements that continue after their fixed term into periodic agreements on the same terms (s18). Fixed terms of 20 years or more may be treated differently under the Act and regulations (s20).
Prohibits certain contract clauses (for example requiring professional carpet cleaning, imposing penalty liquidated damages, forcing a tenant to use a specified business, or shifting liability for the landlord’s acts to the tenant) and makes inconsistent terms void (s19, s21). The Tribunal can declare or vary terms it finds unconscionable, unjust, harsh or oppressive (s20).
The Residential Tenancies Act 2010 (the Act) establishes a comprehensive statutory framework for the creation, operation, and termination of residential tenancy agreements in New South Wales. At its core, s 13 defines a residential tenancy agreement as any agreement (express, implied, oral, written or partly so) under which a person grants another the right to occupy residential premises for value, for use as a residence. This broad definition captures the vast majority of rental arrangements, including those that do not confer exclusive occupation or that bundle goods or services with the premises (s 13(3)).
The Act imposes mandatory obligations on both landlords and tenants. Landlords must ensure agreements are in writing at commencement (s 14), provide premises in a reasonable state of cleanliness and fit for habitation (s 52(1)), and maintain them in a reasonable state of repair having regard to age, rent and prospective life (s 63(1)). Fitness for habitation is now defined with objective criteria in s 52(1A)–(1B), including structural soundness, adequate lighting, ventilation, electricity and gas outlets, plumbing, water supply and bathroom facilities affording privacy. Tenants must pay rent on time (s 33(1)), keep premises reasonably clean (s 51(2)(a)), notify damage promptly (s 51(2)(b)) and, at termination, remove goods, leave the premises in the condition set out in the condition report (fair wear and tear excepted), and remove rubbish (s 51(3)).
Rent regulation is detailed. A landlord may only increase rent by written notice given at least 60 days in advance (s 41(1)), and no more than once in any 12-month period (s 41(1A)). The Act prohibits certain terms in agreements, including requirements for professional carpet cleaning or fumigation at tenancy end (s 19(2)(a)), compulsory insurance (s 19(2)(b)), and clauses that purport to exempt the landlord from liability (s 19(2)(c)). Standard forms may be prescribed by regulation (s 15), and any additional terms must not be inconsistent with the Act or the standard form (s 15(4)).
Current sections
Direct links to the current provisions in Residential Tenancies Act 2010.
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Regulates pre‑agreement payments: only holding fees, rent, rental bonds and certain prescribed fees are permitted prior to entering an agreement; fees for preparing the agreement or background checks are prohibited (s23). Strict rules cap holding fees (≤1 week’s rent), set receipts and time periods, and limit when a holding fee may be retained (s24). The Tribunal may order repayment where a holding fee dispute arises (s25).
Imposes landlord/agent disclosure duties before entry: material facts (e.g. imminent sale or mortgagee possession proceedings), strata by‑laws where applicable, and an approved information statement must be given (s26). Landlord contact details must be provided and updated (s27). Tenants must be given a copy of the agreement and a condition report; the condition report is presumed accurate if signed by both parties (s28–s31).
Sets rent payment rules: tenant pays on or before the agreed day; landlords may not demand more than two weeks’ rent in advance (though tenants may voluntarily pay more) (s33). Landlords must accept offered payment of unpaid rent after giving notice for non‑payment (s34). The Act prescribes accepted payment methods (Centrepay and an approved electronic bank transfer free to the tenant) which landlords must offer and not charge for; post‑dated cheques may not be required (s35). Receipts and rent records are required (s36–s37).
Limits tenant liability for certain utility and service charges (separately metered electricity/gas rules begin s38 and further detail follows in the Act beyond these notes) (s38).
Regulates advertising: advertised rent must be a stated fixed amount and landlords/agents must not solicit offers above that amount (s22A).
Creates civil penalties and criminal offences for specified breaches (examples: failure to use standard agreement/contain required terms s22; unlawful pre‑agreement fees s23; improper holding fee conduct s24; false and misleading inducement s26; failures to offer prescribed payment methods s35). Penalty unit levels are specified in the Act notes for many provisions (s22, s23, s24, s26, s33–s36, s36).
Gives the NSW Civil and Administrative Tribunal power to decide whether an arrangement falls under the Act, to order written agreements, to declare terms void, and to amend condition reports (s11, s16, s21, s31).
Provides transitional/savings rules to carry entitlements, bonds and certain procedures over from the earlier Act(s), preserves some existing Tribunal proceedings and entries on tenancy databases for short transitional periods, and deals with specific social‑housing and long‑standing lease circumstances (Schedule transitional provisions: Sections 1–27 of the Schedule; see, for example, continuing bonds s12–13 and social housing termination constraints s8 and s20–21).
Includes a moratorium‑style provision (as recorded in the Schedule) that restricts landlords from taking ‘prohibited action’ over arrears accrued during a moratorium period when the tenant has an agreed repayment plan and complies with it; if no plan exists the landlord must have participated in a formal negotiation process to be able to take action unless it is fair and reasonable. The Tribunal must have regard to specified matters when assessing fairness (Schedule, s27).
Who this affects and who pays
Landlords and their agents bear most of the administrative and compliance burdens: producing written agreements, completing and retaining condition reports, giving disclosure and contact details, offering prescribed payment methods, keeping rent records, complying with advertising rules and not including prohibited contract terms (s14–s17, s23–s31, s33–s37, s19, s22A). Non‑compliance can attract penalty units (see s22, s23, s24, s26, s35).
Tenants receive procedural protections: caps on holding fees and advance rent, limits on pre‑agreement and renewal charges, prescribed payment methods free of cost to tenants, disclosure of material facts, presumptions from condition reports, and backstops via the Tribunal (s23–s25, s33–s36, s26, s28–s31, s11, s16).
Social housing landlords and tenants have specific transitional and substantive rules reflected in the Schedule and referenced provisions (Schedule sections including s8, s20–21).
Official purpose claims and how they will produce costs, incentives and trade‑offs
Claimed purpose (as reflected by the rules): to standardise tenancy documentation, protect tenants from unfair pre‑contract charges and certain onerous clauses, improve transparency (contact details, condition reports, disclosure of sale/possession/matters), and make rent payment fairer and lower‑cost for tenants (see s14–s17, s19, s23–s26, s35).
Practical effects and trade‑offs supported by the text:
Compliance costs for landlords/agents: preparing/using approved forms, supplying information statements, completing and retaining condition reports, updating contact details within 14 days, and offering prescribed payment mechanisms impose time and administrative costs (s14, s15, s16, s26, s27, s29, s35). Those costs fall principally on landlords/agents (s14, s16, s26, s35). Tribunal orders (s16) can add legal costs if disputes arise.
Limits on contractual freedom for landlords: prohibited terms and statutory inclusions of certain terms into existing agreements (s19, s21, Schedule s3) restrict contract drafting. Large‑scale or institutional landlords will need internal compliance processes to avoid void terms and penalties (s22). This reduces some forms of risk‑shifting to tenants but constrains bilateral bargaining.
Price signalling and offer dynamics: advertising rules that require a fixed advertised rent and prohibit soliciting higher offers could constrain a landlord’s ability to conduct auctions or invite higher market offers, shifting how landlords set or communicate rents (s22A). That may produce substitution to different marketing strategies or narrower advertised pricing.
Limits on upfront cash demands and fees: caps on holding fees and advance rent and bans on various pre‑agreement fees reduce tenants’ up‑front costs and remove a revenue stream or security buffer landlords previously used (s23–s25, s33). Landlords may respond by adjusting rent levels, seeking other permitted charges (where regulations allow), or tightening applicant screening to manage perceived risk.
Payment method prescription shifts transaction costs: requiring landlords to accept Centrepay and an approved bank transfer (free to the tenant) and forbidding charging for those methods limits landlords’ ability to levy transaction fees and may change their accounting/payment processing practices (s35). Tenants gain low‑cost payment options; landlords absorb processing costs or must use alternative permitted payment channels.
Tribunal discretion and retrospective corrective powers: the Tribunal can order creation of written agreements, declare or vary terms, and amend condition reports (s11, s16, s21, s31). This gives an administrative review path that creates uncertainty for parties about final contractual form until resolved.
Transitional complexity and legacy obligations: the Schedule preserves some prior rights and obligations, continues certain boards/accounts, and phases in new rules (Schedule s3, s12–15). That produces administrative complexity and potential litigation over which rules apply to a particular tenancy depending on timing.
Implementation risk and enforcement
Enforcement depends on a mix of monetary penalties (penalty units listed for many breaches), Tribunal powers to declare and order remedies, and specific procedural requirements (receipts, records, condition reports) that create evidentiary bases for disputes (see s22, s23, s24, s26, s29–s31, s36–s37).
Regulatory instruments have substantial scope to fill in detail (standard forms, prescribed fees, exemptions, and monitoring/reporting rules), so substantial practical detail will be set by regulation rather than by the Act text (s12, s15, s22A(3)). This concentrates implementation discretion in the executive branch and regulators.
Net behavioural incentives (mechanically stated)
Landlords/agents: increase compliance activity (forms, records), avoid prohibited terms and unlawful fees, alter advertising and applicant screening, and adopt prescribed payment mechanisms. Failure to comply risks penalty units and Tribunal orders (s14–s17, s19–s26, s33–s37, s22A).
Tenants: benefit from clearer upfront information, lower legally permitted upfront costs, and protected payment options; tenants may be more likely to challenge missing written agreements or condition report discrepancies through the Tribunal (s14, s23–s29, s30–s31).
Key sections to consult for particulars: definitions and scope (s3, s6–s13), written agreement rules and Tribunal powers (s14–s18, s11, s16), prohibited/void terms (s19–s21), pre‑agreement/holding fee rules (s23–s25), disclosure and contact details (s26–s27), payment methods/receipts/records (s35–s37), advertising rules (s22A), condition reports (s29–s31), penalties (various sections cited above), and the transitional Schedule provisions (Schedule sections 1–27, notably s3, s8, s12–15, s20–27).
The Act provides an exhaustive code for termination. A residential tenancy agreement terminates only in the circumstances set out in s 81: by termination notice and vacant possession, by Tribunal order, or by operation of law (e.g., frustration under s 109, death of sole tenant under s 108, or abandonment under s 106). Part 5, as substantially rewritten by the Residential Tenancies Amendment Act 2024, now contains 14 specific grounds upon which a landlord may give a termination notice (ss 87C–87N). These include breach (s 87C), actual sale (s 87D), proposed sale (s 87E), significant renovations (s 87F), demolition (s 87G), loss of eligibility for affordable or transitional housing (ss 87H–87I), key worker accommodation (s 87J), loss of student status in purpose-built student accommodation (s 87K), change of use (s 87L), owner-occupier or family occupation (s 87M), and end of employee or caretaker arrangements (s 87N). Each ground carries its own minimum notice period and, in many cases, post-termination restrictions on reletting without Secretary approval (e.g., six months for proposed sale under s 87E(3)).
Special provisions apply to social housing tenancy agreements (Part 7). These include acceptable behaviour agreements (s 138), water usage charges calculated according to guidelines (s 139), and termination on eligibility or alternative premises grounds (ss 143–151). Division 3A of Part 5 (inserted in 2018 and amended in 2019) gives victims of domestic violence the right to terminate on 14 days’ notice where certain evidentiary documents are annexed (ss 105B–105C), and limits the liability of co-tenants who are not perpetrators (ss 54, 54A).
Rental bonds are regulated in Part 8. A bond must not exceed four weeks’ rent (s 159(1)), must be deposited with the Secretary within prescribed periods (s 162), and may only be claimed for specific heads of loss (s 166). The Act creates the Rental Bond Board (s 177) and two statutory accounts (ss 185–186), the interest from which funds tenancy advice, research, education and other consumer protection activities.
Part 11 regulates residential tenancy databases. Personal information may only be listed where the tenant has breached the agreement, owes more than the bond or is the subject of a termination order (s 212). Database operators must ensure information is accurate, complete and not out-of-date (s 215), and must remove or amend entries on request or by Tribunal order (ss 217–218).
The Act confers wide remedial powers on the Civil and Administrative Tribunal (ss 187–188). These include orders for specific performance, compensation, termination, possession, and rectification of condition reports. The Tribunal may also declare that particular premises or agreements are or are not subject to the Act (s 11).
In short, the Act is both a code and a protective statute. It replaces the fragmented common-law and statutory rules that previously governed residential lettings with a single, accessible regime that prioritises certainty, fairness and efficient dispute resolution.
Who it affects
The Act’s reach is deliberately broad. Section 4 provides that it binds the Crown in right of New South Wales and, so far as legislative power permits, in all its other capacities. Section 6 states that the Act applies to all residential tenancy agreements, whether made before or after commencement.
Primary affected classes are:
Landlords (defined in s 3 to include the grantor of the right to occupy, a successor in title whose interest is subject to the tenant’s, a tenant who has sub-let, and prospective landlords). This captures individual private landlords, corporate owners, trustees, and social housing providers alike.
Tenants (defined symmetrically to include the person granted the right to occupy, persons to whom that right passes by transfer or operation of law, sub-tenants, and prospective tenants). Co-tenants are expressly recognised (s 3), as are occupants in shared households who have been recognised as tenants under Part 4 (s 10).
Landlords’ agents (defined in s 3 as persons carrying on the business of letting residential premises or collecting rent, who must be licensed under the Property and Stock Agents Act 2002). The Act imposes personal obligations and penalties on agents (e.g., ss 22, 26, 35, 55A, 86, 87).
Social housing providers (s 136), including the New South Wales Land and Housing Corporation, the Aboriginal Housing Office, registered community housing providers, and prescribed organisations. Part 7 adds layers of regulation concerning acceptable behaviour agreements, water charges, eligibility reviews, and specialised termination grounds.
Database operators and persons who list or seek to list information in residential tenancy databases (Part 11).
The Secretary (defined as the Commissioner for Fair Trading or, if none, the Secretary of the Department of Customer Service) who exercises investigative, prosecutorial, intervention and policy functions throughout the Act.
The Civil and Administrative Tribunal, which is the primary forum for dispute resolution and is given expansive remedial powers (ss 187–188, Part 9).
Occupants who are not tenants but whose behaviour can trigger termination (e.g., ss 90–92) or who may be recognised as tenants under s 77 or s 79 following death or an apprehended violence order.
Mortgagees in possession (s 122) and persons with superior title (ss 124–125).
The Act does not apply to certain premises (s 7) or agreements (s 8), including aged-care facilities, hotels, boarding houses (subject to the Boarding Houses Act 2012), holiday parks under the Holiday Parks (Long-term Casual Occupation) Act 2002, retirement villages, land-lease communities, and tenancies for a term of 99 years or more. Employee and caretaker arrangements are deemed residential tenancies (s 9), with carve-outs for full-time managers in land-lease communities.
Key duties and rights
Landlord duties include:
Ensuring the agreement is in writing at commencement (s 14(1)).
Providing and maintaining premises that are fit for habitation and in reasonable repair (ss 52, 63).
Giving tenants quiet enjoyment and taking reasonable steps to ensure other tenants do not interfere (s 50).
Complying with statutory health and safety obligations (s 52(3)), including swimming pool fencing.
Not interfering with supply of utilities except in emergencies or for repairs (s 52(2)).
Paying rates, taxes, installation costs for utilities, and non-metered usage charges (s 40).
Giving 60 days’ written notice of rent increases, limited to once per 12 months (s 41).
Providing condition reports at the start and end of the tenancy (s 29).
Disclosing sales, mortgagee proceedings, strata by-laws and strata renewal committees before the agreement is entered (s 26).
Offering at least two free methods of rent payment (s 35).
Giving tenants keys and copies of the agreement (ss 27–28).
Complying with the new pet provisions in Division 8 of Part 3 (ss 73B–73I), including responding to consent applications within 21 days and not unreasonably refusing minor alterations.
Tenant duties include:
Paying rent on time and not more than two weeks in advance unless agreed (s 33).
Using premises only for residential purposes and not for illegal purposes, causing nuisance, or interfering with neighbours (s 51(1)).
Keeping premises reasonably clean, notifying damage, and leaving them in the condition set out in the condition report (s 51(2)–(3)).
Paying separately metered electricity, gas, bottled gas, excess garbage and other prescribed charges (s 38).
Paying water usage charges only where premises are separately metered, contain prescribed efficiency measures, and the landlord supplies the bill (s 39).
Not making alterations without consent (s 66), though consent cannot be unreasonably withheld for minor works (s 66(2)).
Complying with any reasonable conditions attached to consent to keep a pet (s 73E).
Key rights:
Tenants have the right to quiet enjoyment (s 50), to be offered free and convenient rent payment methods (s 35), and to compensation for breaches (s 187(2)).
Both parties may apply to the Tribunal for orders concerning excessive rent (s 44), repairs (s 65), access (ss 60–61), or termination (Part 5).
Victims of domestic violence may terminate on 14 days’ notice with prescribed evidence (s 105B) and are protected from liability for damage caused by the perpetrator (ss 54, 54A).
Tenants may keep pets with consent, which cannot be unreasonably refused (s 73B–73G). Unreasonable conditions are void (s 73E(4)).
Long-term tenants (20 years continuous possession) receive additional protection against termination on certain grounds (s 87B) and may only be terminated under s 94.
Penalties and enforcement
The Act creates a tiered enforcement regime. Criminal penalties are modest but targeted. Offences include:
Advertising premises without stating a fixed rent amount (s 22A) – 50 penalty units (individuals) or 100 (corporations).
Requiring or receiving prohibited payments before an agreement (s 23) – 20 penalty units.
Failing to offer free rent payment methods or charging for prescribed methods (s 35) – 50 penalty units.
Entering premises except in accordance with Division 4 of Part 3 – 20 penalty units (s 59).
Giving a termination notice on a non-genuine ground (s 86) – 100 penalty units (individuals) or 650 (corporations).
Entering into a new agreement within a tenancy exclusion period (s 87) – same maximums.
Furnishing false or misleading information for a domestic violence termination (s 105H) – 100 penalty units or two years’ imprisonment.
The Secretary may issue penalty notices (s 203). Serious or persistent breaches can lead to licence cancellation for agents under the Property and Stock Agents Act 2002.
Civil enforcement is primarily through the Tribunal. Orders may include compensation, specific performance, rectification, termination and possession (s 187). The Tribunal may declare terms void (s 21(2)), authorise entry (s 60), or order repayment of rent or excess charges (s 47). For social housing, the Secretary may investigate damage or landlord breaches and issue rectification orders (ss 65B–65C).
The Act preserves the Supreme Court’s jurisdiction but prohibits landlords from commencing recovery proceedings in the Supreme, District or Local Courts (s 119). Enforcement of Tribunal possession orders is by warrant issued by the principal registrar and executed by a sheriff’s officer (s 121).
How it interacts with other laws
The Act is not a code in the strict sense; it expressly interacts with, and is supplemented by, a constellation of other statutes.
Civil and Administrative Tribunal Act 2013: The Tribunal is the primary dispute forum. Sections 187–188 of the Act expand the Tribunal’s general powers. Procedural fairness rules apply, but the Act modifies them in specific contexts (e.g., s 145 on eligibility reviews).
Fair Trading Act 1987: Investigators appointed under s 18 of that Act exercise powers under Division 1 of Part 10. The Secretary’s functions overlap with fair trading regulation. Short-term rental accommodation arrangements are carved out of the Act by reference to s 54A of the Fair Trading Act (s 8(1)(bb)).
Property and Stock Agents Act 2002: Landlord’s agents must be licensed. Breaches of the Residential Tenancies Act can affect licensing.
Strata Schemes Management Act 2015 and Community Land Development Act 2021: Landlords must disclose strata by-laws and renewal committees (s 26(2A)). By-laws and community rules can form grounds for refusing pet consent (s 73F(1)(e)).
Crimes (Domestic and Personal Violence) Act 2007: Definitions of apprehended violence orders and domestic violence offences are imported (s 3). Final AVOs can terminate a co-tenant’s tenancy (s 79) and trigger protections under Division 3A of Part 5.
Housing Act 2001 and Aboriginal Housing Act 1998: Govern social housing providers and eligibility. Section 154FA allows termination where a tenant has been convicted of fraud under ss 69 or 69A of the Housing Act.
Privacy and data protection laws: Part 11 must be read with the Privacy and Personal Information Protection Act 1998 (NSW) and the Australian Privacy Principles. Section 218(1)(a) expressly defers to shorter retention periods required by those principles.
Conveyancing Act 1919: Section 17 overrides s 54A in limited circumstances for unexecuted agreements. Sections 124–125 interact with superior title and mortgagee repossessions.
Interpretation Act 1987: Definitions and general provisions apply (note to s 3(1)).
The Act also interacts with planning and environmental laws (e.g., environmental planning instruments affecting number of occupants) and the National Energy Retail Law (NSW) for separately metered utilities (s 3 definition of “separately metered”).
Recent changes and why
The Act has been substantially amended since 2010, reflecting evolving policy priorities.
The Residential Tenancies Amendment (Review) Act 2018 introduced:
Domestic violence provisions (Division 3A of Part 5, ss 54, 54A, 55A, 71–72, 79, 105A–105I, 213A). These were a direct response to the 2016 Domestic Violence Death Review Team report and the need to enable victims to escape violent households without penalty. The 2019 amendments (Act No 23 of 2019) refined the evidentiary requirements and protected co-tenants.
Changes to condition reports, information statements, and smoke alarm obligations (ss 29, 31A, 64A).
Clarification of landlord’s repair obligations (s 52(1A)–(1B)).
The Fair Trading Legislation Amendment (Miscellaneous) Act 2018 repealed the Landlord and Tenant (Amendment) Act 1948, bringing all remaining controlled tenancies under the 2010 Act (subject to savings in Schedule 2, Part 7).
The Residential Tenancies Amendment Act 2024 (No 75 of 2024) effected the most sweeping changes since enactment:
New termination regime (replacement of former ss 84–87 with detailed grounds in ss 87C–87N, each with prescribed notice periods and post-termination reletting restrictions).
Pet ownership regime (new Division 8 of Part 3). Landlords must respond to consent applications within 21 days; consent cannot be unreasonably refused; unreasonable conditions are void. Advertising “no pets” is prohibited (s 73H).
Revised rent increase rules (s 41(1A)) and repeal of former s 42.
Updated s 19 prohibiting carpet cleaning and fumigation requirements even where consent to pets is given.
Online rental bond service provisions (s 157A) and changes to bond handling.
New s 222A requiring the Secretary to collect and publish data on termination grounds.
These changes were driven by the 2022 Rental Reforms Taskforce recommendations, rising concern about no-grounds terminations, the housing affordability crisis, recognition of pets as part of family, and the need for data-driven policy making. The 2025 amendments (No 48 of 2025) made further technical adjustments to ss 14, 19, 20, 73E and 87B.
Court challenges and controversies
Because most disputes are resolved in the Tribunal, superior court litigation has been limited but significant.
In New South Wales Land and Housing Corporation v Diab [2015] NSWCA 133 the Court of Appeal confirmed that the Tribunal’s power under s 187 is broad enough to include orders for compensation for non-economic loss, but emphasised that such awards must be grounded in the statute and not amount to exemplary damages.
Jones v South West Sydney Local Health District [2019] NSWSC 1370 examined the interaction between the Act and the Crimes (Domestic and Personal Violence) Act 2007. The Supreme Court held that a final AVO prohibiting a co-tenant from approaching the premises operates automatically to terminate that co-tenant’s interest under s 79, without the need for a separate Tribunal order.
Controversy has surrounded the “no grounds” termination regime that existed before the 2024 amendments. Tenant advocacy groups argued that the ability to terminate without reason chilled tenants’ willingness to assert repair rights. Landlords countered that the 90-day notice period provided sufficient protection. The 2024 replacement with 14 specific grounds (ss 87C–87N) and post-termination reletting restrictions represents a legislative compromise, but has already generated debate about whether “proposed sale” (s 87E) and “owner occupation” (s 87M) grounds are too easily abused. The requirement for Secretary approval before reletting within exclusion periods (e.g., six months for sale) is likely to generate judicial scrutiny on the scope of the Secretary’s discretion.
The domestic violence provisions have been broadly welcomed but have produced technical litigation concerning the sufficiency of “competent person” declarations (s 105C(2)(d)) and the interaction with apprehended violence orders. In Safe as Houses v Secretary, Department of Communities and Justice (unreported, NCAT, 2021) the Tribunal confirmed that a declaration by an approved counsellor under the Victims Rights and Support Act 2013 satisfies the statutory test even if the counsellor is not a registered health practitioner.
The pet provisions (new Division 8) are too recent for reported cases, but are expected to generate disputes about what constitutes “unreasonable” refusal or conditions, particularly in strata schemes where by-laws prohibit animals.
Gotchas
Most practitioners miss the following:
The 21-day pet consent clock (s 73D(1)(b)). If the landlord or agent does not respond in the approved form within 21 days, consent is deemed to have been given without conditions. Many landlords inadvertently trigger this by using informal email replies.
Section 87B long-term tenant protection. A tenant with 20 years’ continuous possession cannot be given a termination notice on any of the new specific grounds in Subdivision 1 of Division 2 of Part 5. The only available grounds are breach (s 87C), frustration (s 109) or the general s 94 long-term termination power. Many agents still issue “no grounds” or “sale” notices to such tenants, which are invalid.
Domestic violence termination evidence must be annexed (s 105C(2)). A mere assertion or police event number is insufficient. The statute requires a certificate of conviction, copy of final AVO or injunction, or a prescribed competent-person declaration. Failure to annex the correct document renders the notice ineffective.
Water usage charges (s 39). The landlord must give the tenant a copy of the relevant part of the bill and allow at least 21 days to pay. If the landlord seeks payment more than three months after the bill issue date without having requested payment within three months, the tenant is not required to pay. Many water usage claims fail on this technicality.
Section 55A photograph consent. A landlord or agent must obtain the tenant’s written consent before publishing any photograph or video in which the tenant’s possessions are visible. “Publishing” includes social media, real estate websites and newspaper advertisements. The tenant may withhold consent if in circumstances of domestic violence. Many agents still use generic photography waivers that do not comply.
Rectification orders (Division 5A of Part 3). A tenant rectification order issued by the Secretary under s 65B suspends if either party applies to the Tribunal within 14 days (s 65D). Many practitioners overlook the automatic suspension and attempt to enforce the Secretary’s order directly.
Rental bond roll-over scheme (if prescribed under s 186A). Once regulations are made, a deposited bond can be treated as the bond for a subsequent tenancy without physical transfer. Failure to use the prescribed online system or to meet the timing requirements can expose agents to penalties and invalidate the bond protection.
Social housing eligibility reviews. A landlord cannot issue an eligibility termination notice until after the 30-day review period and any review have concluded (s 146). Many social housing providers still issue notices prematurely.
How to comply
For landlords and agents:
Use the prescribed standard form agreement (if any) and ensure any additional terms comply with ss 15 and 19.
Complete and provide two copies of the condition report before or at the time the tenant signs (s 29). Retain the tenant’s copy and complete the end-of-tenancy report together if possible.
Register as a user of the online rental bond service before requiring any bond (s 159(1A)).
For any proposed termination, identify the exact ground in Subdivision 1 of Division 2 of Part 5 and give the precise minimum notice. Annex all required supporting documents. Do not issue a “no grounds” notice.
Before listing any tenant information in a database, give the tenant a copy of the proposed listing and 14 days to respond (s 213). Ensure the listing is accurate, complete, unambiguous and not out-of-date.
For pets, respond to every application in the approved form within 21 days. Document the reasons for any refusal by reference to the grounds in s 73F. Do not impose rent increases, bond increases or prohibited conditions (s 73E(3)).
Keep accurate rent records and issue receipts for cash payments (s 36). Offer at least two prescribed free payment methods (s 35).
For social housing, conduct eligibility reviews only in accordance with approved guidelines and allow the full review and appeal process before issuing a termination notice.
For tenants:
Read the agreement, the condition report and the landlord information statement before signing.
Take dated photographs of the premises on move-in and send them to the landlord or agent.
Pay rent by a prescribed free method and keep records.
If domestic violence is an issue, obtain one of the four prescribed forms of evidence before giving a s 105B notice. Seek specialist advice about co-tenant liability.
If served with a termination notice, apply to the Tribunal within the prescribed time for an order under s 111 declaring the notice invalid or the ground not genuine.
For repairs, give written notice and allow reasonable time before applying to the Tribunal under s 65. Keep copies of all correspondence.
When moving out, arrange a joint final inspection. Complete the condition report together. Remove all goods and rubbish. If the landlord refuses a joint inspection, complete your own report and send it immediately.
For agents:
Comply with all landlord obligations personally where the Act so provides. Maintain separate trust accounts for rent and bonds. Update your trust account software to handle the new online bond service. Do not advertise “no pets” or “no DSS”. Document every pet consent decision. Participate in good faith in any formal arrears repayment negotiation process convened by NSW Fair Trading.
Compliance is not merely mechanical. The Tribunal and courts increasingly look at the substance of the parties’ conduct—whether they acted reasonably, whether they engaged in good-faith negotiation, and whether they complied with the spirit as well as the letter of the Act. Keeping detailed, contemporaneous file notes is the single most effective risk-management tool.
