Tenants Rights Factsheets


These factsheets give an overview of tenants' rights and obligations under NSW law and provide guidance on how to deal with common tenancy issues. Also see the sample letters page for the full set of sample letters.

Factsheet Sample letters (download in Rich Text Format)
01: Residential Tenancies Act
Who is covered • Who is not covered • Your rights • Your obligations • Terms of the standard agreement
 
02: Starting a tenancy
Residential tenancy agreements • Information landlord must provide • Costs • Holding fees • Rent in advance • Bond • Keys
  • Guarantor in guise of co-tenant
  • Repairs before tenancy
  • Holding fee dispute
  • Condition report dispute
  • 03: Bond
    Paying the bond • Deposit of bonds • Change of shared tenancy • Transfer of bond • Claiming bond back • Claim by landlord • Repayment to former co-tenant
  • Bond not lodged
  • Bond statutory declaration – share housing
  • Bond top-up
  • Bond dispute
  • 04: Rent increases
    How rent may be increased • How often • Correct notice • Excessive rent increases • Negotiating a smaller increase • Excessive rent orders • Excessive rent orders • Social housing tenancies
  • Rent increase invalid
  • Rent increase compromise
  • Rent increase in share-housing
  • Overpaid rent recovery
  • 05: Rent arrears
    Rent in advance • If you are behind • Eviction only with court/tribunal order • Termination for non-payment of rent • Conciliation and tribunal hearings • Termination orders
  • Rent arrears payment
  • Rent arrears offer to pay
  • 06: Repairs and maintenance
    Landlord's obligations • Your obligations • Urgent repairs • Other repairs • Applying for tribunal orders
  • Repairs before tenancy
  • Repairs needed
  • Repairs needed – urgent
  • Repairs – urgent – reimbursement
  • Repairs needed – owners corporation
  • 07: Locks and security
    Your rights and obligations • Landlord's obligations • Changing the locks with reasonable excuse • Reasonable security • Applying for tribunal orders
    Locks and security measures needed
    08: Access and privacy
    Your rights • Landlord's right to enter premises • Entry with consent • Entry without consent, without notice • Entry without consent, with notice • Limits to entry without consent • Entry when you are away • Interference with your privacy
  • Sale of premises inspection times
  • Access breach
  • Peace, comfort and privacy breach
  • 09: You want to leave
    Termination notices • Correct notice • Termination without ground • Termination for breach of agreement • Early termination on prescribed grounds • Vacating before termination date • Withdrawal of notice
  • Termination inspection
  • Termination – fixed-term – domestic violence
  • Termination – fixed-term – social housing offer
  • Termination – fixed-term – sale of premises
  • Termination during fixed term
  • Termination at end of fixed term
  • Termination – no reason
  • 10: Landlord ends agreement
    Termination notices • Correct notice • Termination without ground • Termination for breach of agreement • Termination for sale of premises • Application to tribunal without notice • Eviction only with court/tribunal order • Vacating before termination date • Withdrawal of notices • Retaliatory eviction • Termination orders
  • Lockout
  • Lockout threat
  • Lockout in share housing
  • 11: Consumer, Trader and Tenancy Tribunal
    Making an application • Representation • Interpreters • Attending the hearing • Changing a hearing date • Evidence • Conciliation • During the hearing • Notices of orders and reasons • Money orders • Renewing an application • Rehearing
    Reasons for tribunal orders
    12: Domestic violence
    Your tenancy status • Types of agreement • Discuss your options • About AVOs • Changing the locks • You want to stay • You want to leave
    Termination – fixed-term – domestic violence
    13: Strata scheme tenants
    The owners corporation • Repairs to common property • By-laws and rules • Resolving disputes • Keeping pets • Eviction only by court/tribunal
    Repairs needed – owners corporation
    14: Boarders and lodgers
    Who boarders and lodgers are • Renting in a boarding house • Paying rent • Bond • Repairs and maintenance • Leaving • Eviction • Disputes
     
    15: Share housing
    Legal status • Transfer or sub-letting • Rent receipts • Bond • Other occupants want you to leave • You want to leave • Paying bills • Resolving disputes
  • Bond statutory declaration – share housing
  • Lockout in share housing
  • Rent increase in share housing
  • Transfer consent request
  • Transfer consent withheld
  • 16: Ending tenancy early
    Legally specified reasons • Breach of agreement by landlord • Hardship to you • Premises unusable • Prescribed grounds • Termination notices • Transfer of tenancy • Breaking the agreement
  • Termination – fixed-term – domestic violence
  • Termination – fixed-term – social housing offer
  • Termination – fixed-term – sale of premises
  • Termination during fixed term
  • 17: Discrimination
    Unlawful discrimination • Exceptions • If you experience discrimination • The complaints process
     
    18: Transfer and sub-letting
    Landlord's consent needed • Asking consent • If landlord withholds consent • Written tenancy agreements • Rights and obligations • Bond • Sample transfer document • Sample sub-letting agreement
  • Transfer consent request
  • Transfer consent withheld
  • 19: Tenant databases
    Restrictions on listing by landlords/agents • Restrictions on listing by database operators • Finding out about a listing • Amendment and removal of listings • Disputes about listings • Minimising impact of a listing
  • Database listing
  • Database listing on tenancy application
  • 20: Smoke alarms
    Landlord's obligation • Buildings types and alarm types • Old alarms • Interference with an alarm • Replacing batteries • Landlord's access to premises • Disputes • Urgent repairs • People with hearing impairment
     
    21: Mortgagees and tenants
    How landlord's mortgage can affect you • If landlord defaults • Demand for rent • Demand for possession • Notice of Supreme Court proceedings • Order for mortgagee possession • Notice to vacate • Writ for posession • Special cases
    Mortgagee in Supreme Court
    22: Storm damage
    Immediate action • If you want to stay • Repairs • Rent reduction • You want to leave • Landlord wants you to leave • Uninhabitable premises • Upkeep of premises • Applying for tribunal orders
  • Repairs needed
  • Repairs needed – urgent
  • Repairs – urgent – reimbursement
  • Repairs needed – owners corporation
  • 23: Utilities
    Costs and charges – who pays • Electricity and gas • Bottled gas • Water usage – who pays • Water tanks • Septic tanks • Telephone, television and internet connections • Landlord must not interfere with supply • Disputes over bills
  • Unpaid Sydney Water charges
  • Water usage charge – no separate meter
  • Electricity bill – no separate meter
  • Water usage charge – no water efficiency measures
  • 24: Mould
    About mould • Rights and obligations • If you want to stay • Applying for tribunal orders • Outcomes of tribunal cases • If you want to leave • Personal injury
     
    25: Goods left behind
    Landlord may dispose of goods • Types of goods • Correct notice of disposal • Claiming goods • Occupation fees • Disposal of ordinary goods • Disposal of personal documents • Disputes • Tribunal applications by landlord
    Claim for return of goods
    26: Asbestos and lead
    About asbestos and lead • Rights and obligations • If you want to stay • Applying for tribunal orders • Outcomes of tribunal cases • Safe work practices • If you want to leave • Personal injury
     

     

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    This site is a publication of the Tenants’ Union of NSW and the network of Tenants Advice and Advocacy Services throughout New South Wales. The Tenants’ Union of NSW is the State’s peak non-government organisation for tenants. Tenants Advice and Advocacy Services (TAASs) provide free, independent information, advice and advocacy to tenants throughout New South Wales.

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