Before signing a tenancy agreement
A landlord/agent must state a fixed amount of rent in the advertisement or offer for the rental property. Any attempt to solicit a higher amount than the advertised amount is prohibited.
If a landlord decides to enter into a tenancy agreement with you, they (or their agent) must not knowingly hide any of these ‘material facts’ from you:
- the premises have been subject to serious flooding or bushfire in the last 5 years
- the premises have significant health/safety risks that are not apparent on inspection
- the premises have been the scene of a serious violent crime in the last 5 years
- council waste services will be different from others in the council area
- you cannot get a free residential parking permit (in an area where only paid parking is available)
- the premises have a driveway or walkway that others can legally use
- the premises was the scene of a drug offence under the Drug Misuse and Trafficking Act 1985 in the last 2 years
- the premises is listed on the Loose-fill Asbestos Insulation (LFAI) Register maintained under the Home Building Act 1989
- if you are renting in a strata scheme – any scheduled repairs to common property during your fixed term
If your rented home is in a building where the building’s external combustible cladding needs rectification, the landlord/agent must tell you if any of the following have been issued:
- fire safety order / notice of intention to issue a fire safety order
- a building rectification order or notice of intention to issue a building rectification order
- a development application or complying development certificate application for rectification of the building
The landlord (or their agent, if the agent is aware) must also tell you if either of the following apply:
- they propose to sell the premises (if they have prepared a contract for sale of the premises)
- a mortgagee has started court proceedings to enforce a mortgage over the premises
You may be able to terminate your tenancy if your landlord fails to disclose any of these material facts to you. See also Factsheet 09: You want to leave, Factsheet 21: Mortgagee repossession, Factsheet 24: Mould, and Factsheet 26: Asbestos and lead.
Landlord’s information statement
A landlord must sign an acknowledgment on the tenancy agreement that they have read and understood the contents of the NSW Fair Trading landlord information statement which sets out the landlord’s rights and obligations under the law.
Real estate agents signing this acknowledgement must first obtain a written statement from the landlord that the landlord has read and understood their rights and obligations as set out in the information statement.
Social housing providers (including Homes NSW, community housing providers and the Aboriginal Housing Office) are exempt from signing this acknowledgment.
On signing a tenancy agreement
The landlord/agent must give you a NSW Fair Trading tenant information statement. If you are renting in a strata scheme, they must give you a copy of the strata by-laws within 7 days, and inform you if a strata renewal committee is currently established for the scheme.
Landlord’s/agent’s contact details
Before or when you sign the tenancy agreement, the landlord/agent must give you these contact details in writing (or include them in the tenancy agreement):
- the name, phone number and business address of the landlord’s agent (if any) and the name and phone number or other contact details of the landlord, or
- (if there is no agent) the business or residential address and phone number of the landlord, or
- (if the landlord is a corporation) the name and business address of the corporation.
