NSW Tenancy Info

Renting in New South Wales

In New South Wales , the main pieces of legislation that outline the rights and responsibilities of those in the public and private residential tenancy market are the:

Never sign anything if you are not sure of its meaning.

When a lessor grants a tenant a right to occupy a property to use as a residential property, both parties have entered into a residential tenancy agreement. A residential tenancy agreement can be written or oral or a combination of both. However, it is advisable that all tenancy agreements be in writing to avoid any confusion that may arise as it is very hard to prove what information was included as part of an oral agreement.

  • Residential Tenancies Act 1987
  • Landlord and Tenant (Rental Bonds) Act 1977
  • Residential Parks Act 1998, and
  • Consumer, Trader and Tenancy Tribunal Act 2001

Before the commencement of the tenancy agreement the agent or lessor must provide, or advise you of how to obtain, a copy of the Consumer Affairs Bureau booklet The Renting Book from the Department of Fair Trading website). This booklet is a general guide to a person’s rights and responsibilities as a tenant, property owner or real estate agent.

When you enter into a tenancy agreement (including oral agreements) you are entering into a legally binding relationship. Tenants and lessors should think carefully before entering into a tenancy agreement as once the agreement is made it is too late to change your mind.

This section provides detailed information for tenants renting a residential property. Go to the following pages for information on:

  • Beginning the tenancy
  • Sharing a rented house or flat
  • Entry costs
  • Rental bonds
  • Rent
  • Tenant databases
  • Water and sewerage charges
  • Access, privacy, locks and security
  • Repairs
  • Storm damage
  • Resolving problems and the Tribunal
  • Ending the tenancy
  • Abandoned premises and uncollected goods

The Residential Tenancies Act has standard terms and conditions that apply to all tenancy agreements. These are set out in the Schedule to the Act. All written and oral tenancy agreements must include these terms and conditions.

For information on being a landlord, please visit the Managing a property yourself page of this website.