Factsheet 01: Residential Tenancies Act
As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2010. This factsheet outlines NSW residential tenancies law.
It also does not apply:
The Act says that landlords must use the standard terms set out in the Residential Tenancies Regulation 2010. Many of the terms are the same as those listed above.
The terms of the standard residential tenancy agreement cannot be varied (except for tenancy agreements that are for a fixed term of 20 years or more – contact your local Tenants Advice and Advocacy Service for more information).
If you do not carry out your responsibilities you can be said to have ‘breached’ (broken) term/s of the agreement.
Section 19(2) of the Act says: “Terms having the following effects must not be included in a residential tenancy agreement:
In addition, the Regulation says:
“A residential tenancy agreement must not contain a term having the effect that the tenant must use the services of a specified person or business to carry out any of the tenant’s obligations under the agreement.”
A term is void if it is:
Additional terms may included in the standard residential tenancy agreement if:
If you are unsure about an additional term, get advice from your local Tenants Advice and Advocacy Service or apply to NCAT for an order that the term is invalid.
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The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW