As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains what the law means for tenants in New South Wales.

What the Act means for tenants

• Most residential tenancies in New South Wales are covered by this Act.
• The Act and the Regulations set out a standard residential tenancy agreement giving clear rights and obligations to landlords and tenants.
• The Act gives the Consumer, Trader and Tenancy Tribunal (CTTT – see Factsheet 11) power to hear and settle disputes about residential tenancies, including bond disputes.

Who the Act covers

• Private tenants who have a written or oral residential tenancy agreement, including some tenants in caravan parks
• public and social housing tenants, including tenants of Housing NSW (formerly Department of Housing), community housing and the Aboriginal Housing Office. (Social housing providers are exempt from some sections of the Act – see Factsheet 12.)

What the Act does not cover

• Tenants whose principal place of residence is a residential park and who are covered by the Residential Parks Act 1988 (see Park and Village Service factsheets)
• hotels and motels
• hospitals and nursing homes
• clubs
• educational institutions
• approved homes or hostels for the aged
• holiday houses/flats/caravans ordinarily used for holiday purposes
• people who rent for holiday purposes for less than two months
• 'protected' tenants (under the Landlord and Tenant (Amendment) Act)
• boarders and lodgers (see Factsheet 14 )
• an agreement where use of premises is mostly for the purpose of trade, profession, business or agriculture.

It also does not apply:

• where a tenant made an agreement in good faith for the sale, purchase or mortgage of the residential premises
• where a tenant is a shareholder living in company title premises
• where a tenancy agreement is part of an equity purchase agreement which gives the tenant an option to buy
• to most family arrangements.

Your rights under the Act

• To be given a copy of the residential tenancy agreement, including a completed condition report, and The renting guide by the Office of Fair Trading
• to have premises rented to you in a reasonable state of cleanliness and fit to live in
• to be given rent receipts (unless you pay rent into a nominated bank account)
• to have no rent increases at all during a fixed-term agreement, unless it says so in the residential tenancy agreement
• to be given 60 days written notice of a rent increase
• to have quiet enjoyment and use of the premises – the landlord/agent must not interfere with your possession of the premises
• to have peace, comfort and privacy
• to have reasonable locks and security
• to have reasonable repairs and maintenance done
• to be repaid for any urgent repairs paid for by you, up to $1000 (conditions apply – see Factsheet 06)
• to apply to the CTTT for orders if the landlord has broken the agreement
• to be given written notice of the landlord wanting to end the agreement
• to be notified of the change of name and address of your landlord or agent
• to refuse the landlord access except in limited circumstances and with proper notice (see Factsheet 08)
• not to be unlawfully evicted.

Your responsibilities under the Act

• To fill out the condition report and give the landlord a copy
• to pay rent on time
• to care for the premises
• to pay for any damage caused by you or your guests
• to report the need for any repairs or maintenance
• not to make alterations or additions without the landlord's permission
• not to alter, remove or add a lock or security device without the landlord's permission
• not to use or permit the premises to be used for an illegal purpose
• not to cause or permit a nuisance
• not to interfere with the peace, comfort or privacy of neighbours
• to give correct written notice when you leave
• to leave the premises in a similar condition to when you rented them, except for normal wear and tear.

Terms of the standard residential tenancy agreement

The Act says that landlords must use standard terms – which cannot be changed – set out in the Residential Tenancies Regulation 2006. Many of the terms are the same as those listed above (called sections of the Act but terms of the agreement).

If you do not carry out your responsibilities (above) you can be said to have ‘breached' (broken) a term of the agreement.

The condition report is also a part of the residential tenancy agreement.

Additional terms

Most residential tenancy agreements have a section 'Additional Terms' where the landlord can include any extra rules. Additional terms can be negotiable. The landlord cannot add terms which are invalid.

If you are unsure about an additional term, get advice from your local Tenants Advice and Advocacy Service or apply to the CTTT for an order that the term is invalid. Some additional terms the tribunal has found to be invalid are: being required to steam-clean carpets when you leave; being responsible for repairs to the stove; penalties for paying rent late.

Updated: June 2008

Further help

Tenants NSW website: www.tenants.org.au
Tenants Hotline: 02 8117 3750 or 1800 251 101
Tenants Advice and Advocacy Services: see the Tenants NSW website or call the Tenants Hotline to find your local general or Aboriginal service Renting Services (NSW Office of Fair Trading): 133 220

Other factsheets

This is one of a series of factsheets on tenancy issues. Other factsheets are available from www.tenants.org.au/publish/factsheets/ or your local Tenants Advice and Advocacy Service.