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.

FactsheetTopicsSample letters (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 [RTF]
  • Repairs before tenancy [RTF]
  • Holding fee dispute [RTF]
  • Condition report dispute [RTF]
  • 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 [RTF]
  • Bond statutory declaration – share housing [RTF]
  • Bond top-up [RTF]
  • Bond dispute [RTF]
  • 04: Rent increases
  • How rent may be increased
  • How often
  • Correct notice
  • Excessive rent
  • Negotiating a smaller increase
  • Social housing tenancies
  • Excessive rent orders
  • Rent increase invalid [RTF]
  • Rent increase compromise [RTF]
  • Rent increase in share-housing [RTF]
  • Overpaid rent recovery [RTF]
  • 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 [RTF]
  • Rent arrears offer to pay [RTF]
  • 06: Repairs and maintenance
  • Landlord's obligations
  • Your obligations
  • Urgent repairs
  • Other repairs
  • Applying for tribunal orders
  • Repairs before tenancy [RTF]
  • Repairs needed [RTF]
  • Repairs needed – urgent [RTF]
  • Repairs – urgent – reimbursement [RTF]
  • Repairs needed – owners corporation [RTF]
  • 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 [RTF]
    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 [RTF]
  • Access breach [RTF]
  • Peace, comfort and privacy breach [RTF]
  • 09: You want to leave
  • Termination notices
  • Correct notice
  • Termination without ground
  • Termination by co-tenant
  • Termination for breach of agreement
  • Early termination on prescribed grounds
  • Vacating before termination date
  • Withdrawal of notice
  • Termination inspection [RTF]
  • Termination – fixed-term – domestic violence [RTF]
  • Termination – fixed-term – social housing offer [RTF]
  • Termination – fixed-term – sale of premises [RTF]
  • Termination during fixed term [RTF]
  • Termination at end of fixed term [RTF]
  • Termination – no reason [RTF]
  • 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 [RTF]
  • Lockout threat [RTF]
  • Lockout in share housing [RTF]
  • 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
  • Enforcing an order for payment of money
  • Renewing an application
  • Rehearing
  •  Reasons for tribunal orders [RTF]
    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 [RTF]
    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 [RTF]
    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 [RTF]
  • Lockout in share housing [RTF]
  • Rent increase in share housing [RTF]
  • Transfer consent request [RTF]
  • Transfer consent withheld [RTF]
  • 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 [RTF]
  • Termination – fixed-term – social housing offer [RTF]
  • Termination – fixed-term – sale of premises [RTF]
  • Termination during fixed term [RTF]
  • 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 [RTF]
  • Transfer consent withheld [RTF]
  • 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 [RTF]
  • Database listing on tenancy application [RTF]
  • 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
  • The landlord's mortgage and 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 [RTF]
    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 [RTF]
  • Repairs needed – urgent [RTF]
  • Repairs – urgent – reimbursement [RTF]
  • Repairs needed – owners corporation [RTF]
  • 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 [RTF]
  • Water usage charge – no separate meter [RTF]
  • Electricity bill – no separate meter [RTF]
  • Water usage charge – no water efficiency measures [RTF]
  • 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 [RTF]
    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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    ABOUT TENANTS NSW
    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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