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Residential Tenancy

Frequently Asked Questions about residential tenancy.

  • Key issues

    Key issues

    • Are you a landlord?
    • Are you renting a place to live?
    • Are you living in share housing?
    • Do you have a written residential tenancy agreement?
    • Are you having trouble getting repairs done?
    • Have you received a termination notice?
    • Have you received a notice of conciliation and hearing from the NSW Civil and Administrative Tribunal (NCAT)?
    • Has an order been made by NCAT?
    • Is there a dispute about bond refund?
    • Are there any special circumstances such as domestic violence?

What do I need to do to start a tenancy?

You need to read and understand the contents of the Landlord information statement. You also need to ensure that the condition of the property meets all legal requirements for renting, and all disclosures regarding the rental property are made to the tenant.

Keep in mind when advertising a rental property, landlords and agents must advertise a fixed rent, and can’t ask for an amount higher than advertised. For more information, see Rent bidding on the NSW Fair Trading website.

You and your tenant should complete and sign a written residential tenancy agreement (a lease).

You must also complete a condition report and give it to your tenant. This is a report on the condition of the place they are renting.

If you ask the tenant to pay a bond, it must not be more than four weeks rent and it must be lodged with NSW Fair Trading.

You must give your tenant a copy of the New Tenant Checklist.

For more information, see Starting a residential tenancy and Landlord information statement on the NSW Fair Trading website.

Copies of these documents can be downloaded from Forms, under the heading Residential tenancy forms, on the NSW Fair Trading website.

What is a condition report?

A condition report is a detailed report that records the condition of the rented premises at the start and end of the tenancy. If there is a dispute about damage at the end of the tenancy, the condition report will be important.

You need to fill in the condition report and then give two copies to the tenant. They can agree or disagree with what you put in the report or add more detail. They should return one copy to you within seven days.

From 23 March 2020, condition reports can also be provided electronically. This means that you either need to provide the tenants with two hard copies or one electronic copy of the completed condition report, otherwise penalties will apply. Tenants should now complete and return the condition report within seven days of taking possession of the property instead of from when they received the condition report, but only if they have received the condition report at that time. 

For more information, see Starting a residential tenancy on the NSW Fair Trading website.

You can download a copy of a Condition report from the NSW Fair Trading website.

What do I do with bond money?

Bond is money paid by the tenant as security in case they owe you money because they breach (break) the tenancy agreement. All bonds must be paid to NSW Fair Trading who looks after them during the tenancy.

You can lodge the bond using Rental Bonds Online.

For more information, see Starting a residential tenancy on the NSW Fair Trading website.

My tenant is asking for repairs and I can't afford them, what should I do?

You have some obligations that are set out in the residential tenancy agreement and in the tenancy law:

  • the rented premises must be reasonably clean and fit for habitation before the tenant moves in
  • you must provide and maintain the premises in a reasonable state of repair.

When you are working out what is reasonable you can consider what rent is paid and the age of the premises.

You must also comply with any health, safety or building laws. For example, you must provide smoke alarms and swimming pools must be fenced and registered.

You must also provide locks and security devices to make the place reasonably secure.

For more information on security and safety, see Health, safety and security in a rental property on the NSW Fair Trading website.

If the repairs the tenant is asking for are reasonable, you have a legal obligation to do them. An exception to this is if the tenant caused the damage. If the tenant wants repairs done they should tell you or the agent in writing. If you don't do the reasonable repairs, the tenant can apply to NSW Fair Trading for an order. If either party is unhappy with the decision made by NSW Fair Trading, a further application can be made to the NSW Civil and Administrative Tribunal for a resolution.

Some repairs are urgent and there is a special rule that allows the tenant to pay for the repairs themselves and then ask you to reimburse them.

For more information, see Repairs, maintenance and damage when renting on the NSW Fair Trading website.

If your tenant asks for repairs and you are not able to do the work, you should get legal advice.

What are the minimum habitability standards?

Landlords have an obligation to provide a rented property that is in a reasonable state of cleanliness and fit for habitation.

From 23 March 2020, seven standards have been added to the Residential Tenancies Act 2010 (NSW) to clarify what fit for habitation means, including:

  • structural soundness
  • adequate lighting, except in storage rooms or garages
  • adequate ventilation
  • adequate utilities
  • adequate plumbing and drainage
  • adequate water (including hot water) for drinking, washing, and cleaning
  • bathroom facilities, including toilet, and washing
  • facilities with privacy.

What are urgent repairs?

Some repairs are urgent and there is a special rule that allows the tenant to pay for the repairs themselves and then ask you to reimburse them.

Urgent repairs are:

  • a burst water service or a serious water service leak
  • a blocked or broken toilet
  • a serious roof leak
  • a gas leak
  • a dangerous electrical fault
  • flooding or serious flood damage
  • a failure or breakdown of the gas, electricity or water supply to the premises
  • a failure or breakdown of the hot water service
  • a failure or breakdown of the stove or oven
  • a failure or breakdown of a heater or air-conditioner
  • a fault or damage which makes the premises unsafe or insecure.

There are some limits on this process:

  • the tenant has to make a reasonable effort to contact you first and give you reasonable time to do the repair. If you have nominated a tradesperson in residential tenancy agreement, the tenant should also make a reasonable effort to contact that person.
  • after getting the repair fixed, the tenant needs to give you written notice explaining the repair and the cost and copies of receipts. They can't claim more than $1,000.
  • you have 14 days to repay the tenant. 

If you do not pay the tenant, they may apply to NSW Civil and Administrative Tribunal (NCAT) for an order that you pay.

For more information, see Repairs, maintenance and damage when renting on the NSW Fair Trading website.

My tenant is asking for permission to make a change to the property. Do I have to agree?

The tenant must ask for your agreement before they can make any renovations, alterations or additions to the property. This includes things like painting or putting picture hooks in the wall. At the end of the tenancy, the tenant is responsible for making sure any alterations, additions or renovations are removed. They must also fix or pay compensation for any damage they caused to the property. 

You can’t refuse permission if the tenant wants to carry out ‘minor’ changes to the property, including:

  • securing furniture to a non-tiled wall for safety reasons
  • fitting a childproof latch to an outdoor gate of a single dwelling
  • inserting flyscreens on windows
  • installing or replacing an internal window covering e.g. curtains and removeable blinds
  • installing cleats or cord guides to secure blind or curtain cords
  • installing child safety gates inside the property
  • installing window safety devices for child safety
  • installing hand-held shower heads or lever-style taps to assist elderly or disabled occupants
  • installing or replacing hooks, nails or screws for hanging paintings, picture frames and other similar items
  • installing phone line or internet connection
  • planting vegetables, flowers, herbs or shrubs (shrubs that don’t grow more than two meters) in the garden, if existing vegetation or plants do not need to be removed
  • installing a wireless removable outdoor security camera
  • applying shatter-resistant film to window or glass doors
  • making modifications that don’t penetrate a surface, or permanently modify a surface, fixture or structure of the property.

If the tenant thinks your refusal is unreasonable, they may apply to the NSW Civil and Administrative Tribunal asking for an order.

For more information, see Making changes to a rental property on the NSW Fair Trading website.

I want to inspect my rental property, how can I arrange this?

The tenant has a right to enjoy the rented property in privacy, so your rights to visit and inspect the property are limited.

If you want to inspect the property you must give at least seven days written notice to the tenant. You can inspect the premises up to four times per year.

To carry out or assess the need for necessary repairs or maintenance, you must give at least two days’ notice. This does not apply to carrying out urgent repairs.

If your tenant blocks access to the property after you have given notice, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order for access.

For a full list of the reasons why you can visit and the required notice, see Landlord access and entry to a rental property on the NSW Fair Trading website.

My tenant is behind on their rent, what can I do?

If the rent is not paid on time you can remind the tenant by sending them a letter or email using the method of contact you agreed.

If the tenant is more than 14 days behind in the rent you may serve them with a termination notice. If they do not comply with the notice, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order terminating the tenancy.

For more information, including a sample termination notice, see Rent on the NSW Fair Trading website.

I want my tenants to leave, what can I do?

If you want your tenants to leave you have to end the tenancy. The process usually starts with giving a termination notice. The notice must be in writing, signed and dated. It must include:

  • the address of the rented premises
  • the day the tenancy is terminated and when the tenant should move out
  • the reason for the termination if you are relying on a reason to terminate the tenancy.

The amount of notice you have to give depends on why you are ending the tenancy. If you are relying on the fact that the tenant has breached the tenancy, for example by not paying rent, you must give 14 days notice.

For more information, see Ending a residential tenancy on the NSW Fair Trading website.

For a sample Termination Notice, see Forms on the NSW Fair Trading website. 

There are rules you need to follow to serve the termination notice and you need to add time for the notice to be served.

For more information, see Serving notice to tenants on the NSW Fair Trading website.

If the tenant does not move out you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order terminating the tenancy and giving possession back to you. You should apply within 30 days of the termination date you gave in the termination notice.

In some circumstances you can apply directly to NCAT for an order without sending a termination notice. You may be able to do this where there is serious damage to the premises, injury to you or the neighbours or threats, abuse, intimidation or harassment by the tenant, use of the premises for illegal purposes or if you are facing undue hardship. If you are unsure whether you have grounds for this application, you should get legal advice.

For more information on applying to NCAT, see Tenancy on the NCAT website.

How do I register to NCAT Online Services?

To make an application online using NCAT Online Services, you will need to set up an account and register your details on the NSW Online Registry website.  

You will also need to specify the order you are seeking from the Tribunal. 

For more information, see NCAT Online Services Help on the NCAT website.

For more information, see NCAT Online Services Help on the NCAT website.

What happens at the NSW Civil and Administrative Tribunal?

The NSW Civil and Administrative Tribunal (NCAT) can decide disputes between landlords and tenants. 

When a person makes an application, NCAT will send a Notice of Hearing to both sides. The notice will tell you when and where you have to go to NCAT.

If you can't go on that day, you can ask for an adjournment. If you live a long way from the hearing venue or you can't travel for health or other reasons, you can ask to appear by telephone. If you need an interpreter you should let NCAT know as soon as possible so they can provide one.

Before you go to NCAT, you should prepare what you want to say, and your evidence.

When you first arrive at NCAT, the Tribunal member will ask you to try conciliation. This is where you try to negotiate with the other side to try and resolve the dispute.

If you can't resolve the dispute at conciliation, you will have a hearing. The hearing is where the Tribunal member hears the evidence from both sides then makes a decision. The hearing may be on the same day or a different day.

For more information, see Tenancy on the NCAT website.

How do I get my tenants to leave after the NSW Civil and Administrative Tribunal terminated the lease?

If the NSW Civil and Administrative Tribunal (NCAT) has made an order for termination and possession (ending the lease and requiring tenants to leave), your tenants must move out by the date ordered by the Tribunal. If the tenants don’t leave by that date, you can get a warrant for possession and arrange for sheriffs to remove your tenants. You can’t remove the tenants yourself. 

To get a warrant for possession, you should:

  • get a copy of the application form Request to issue warrant for possession
  • complete the form and email a copy to the NCAT registry
  • wait for NCAT to notify you that the warrant has been issued
  • contact the Office of the Sheriff within seven days to arrange for the warrant to be executed.

For more information and a copy of the form, see Warrant for possession on the NCAT website. 

You must make the application to NCAT within 30 days of the order of possession being made by NCAT. The warrant must be executed within 28 days since the date it was issued by NCAT.

Can I appear at the NSW Civil and Administrative Tribunal by telephone or video?

Yes, you can attend by telephone or video, if you get permission from the NSW Civil and Administrative Tribunal (NCAT). 

If you want to attend a hearing by telephone or video, you can:

  • ask the Tribunal member during the initial hearing, or
  • complete the application form as soon as possible.

You will need to tell NCAT the reasons for your application and can attach any documents that support your argument.

It will be up to NCAT to decide whether to it is appropriate for you to appear by telephone or video. NCAT will consider:

  • the type of proceeding
  • the nature and complexity of your case
  • the views of the other parties
  • your reasons for the request, and
  • whether any party might suffer a disadvantage.

If your application is approved, NCAT will send you information about how to join the hearing. If your application is not approved, you should attend the hearing in person.

For more information, and for a copy of the application form, see Attending a hearing by telephone or video on the NCAT website.

What can I do if I missed my Tribunal hearing date and my matter was dismissed?

If you applied to the NSW Civil and Administrative Tribunal (NCAT) and your matter was dismissed because you didn't go to the hearing, you may be able to make a reinstatement application if you have a reasonable excuse, for example, you were in hospital or you didn't receive the notice telling you when you had to attend.

You will need to complete an Application to reinstate proceedings.

You must attach any documents that support your explanation, such as:

  • medical certificates
  • travel documents
  • emails or other communications.

The application needs to be lodged with NCAT within seven days from the date of the decision to dismiss the proceedings. This time frame may only be extended in special circumstances.

You will need to pay a further application fee. 

For more information, see Reinstatements on the NCAT website.

Before making a reinstatement application, you should get urgent legal advice.

I want to make a claim on the bond, how do I do this?

After a tenancy has ended, if the tenant owes you money, you may make a claim on the bond. 

You can claim the bond by making a claim using Rental Bonds Online or by completing a paper claim form and sending it to NSW Fair Trading. If you complete a paper form and the tenant signs the form to show they agree, the bond will paid out as you have agreed.

When you make a claim online a notice is sent to the tenant. They may agree with your claim and then the bond will be paid out as you agreed. If they don't agree, they can apply to the NSW Civil and Administrative Tribunal (NCAT) to decide how the bond is paid.

If you make a claim for the bond and the claim is about the condition of the premises you must send information on your claim to the tenant within seven days. You must send:

  • a copy of the final condition report
  • copies of any estimates, quotes, invoices or receipts for the work.

For more information, see Moving out on the NSW Fair Trading website.

For more information on Rental Bonds Online, see FAQ for self-managing landlords on the NSW Fair Trading website.

My tenant has left things behind when they moved out, what do I do with them?

If the tenancy has ended, you can deal with any goods left behind by the tenant. The Uncollected Goods Act 1995 (NSW) sets out a procedure for dealing with uncollected goods, which includes property left behind at the end of a tenancy.

  • Rubbish and perishables can be disposed of straight away.
  • Personal documents must be stored in a safe place and kept for at least 28 days after you give notice to the tenant.
  • If the goods are worth less than $1,000, you must give 14 days written or verbal notice to the tenant.
  • If the goods are worth between $1,000 to $20,000, you must give at least 28 days written notice to the tenant.
  • If the goods are worth more than $20,000, you must get an order from the NSW Civil and Administrative Tribunal (NCAT) to dispose of them.

The tenant or anyone else with a legal interest in the goods can reclaim the goods from you.

After the notice period ends, there are rules about how you may deal with the goods depending on whether they are goods of value or personal documents.

If you don’t follow the process, the tenant may be able to apply to the NSW Civil and Administrative Tribunal (NCAT) for compensation.

If the tenant has abandoned the tenancy or died and you are not sure what to do with goods that are left behind, you can make an application to NCAT asking for orders about what to do with the goods.

For more information on the process, see:

I invited someone to stay with me in my home as a guest. Are they a tenant?

A person will only be a tenant if there is a residential tenancy agreement. A residential tenancy agreement can be in writing but does not have to be. An essential part of a residential tenancy agreement is that the tenant is paying some value. This might be money, but it could also be work or giving you any other thing of value (like goods).

A guest, who is not giving any value, is unlikely to be a tenant.

If the person staying with you is a family member, see Adult children living at home on the Ways to get help section of our website.

If you are unsure about whether someone is a tenant and they will not leave, you should get legal advice.

Can I keep the goods left behind if the tenant hasn't paid the rent?

No. The tenant, or anybody with a legal interest in the goods, can reclaim them at any time while they are in your possession. You have a duty to safeguard the goods for the owner. You can dispose of the goods if you follow the right process.

If you sell the goods, you can keep an amount to cover any actual costs you have incurred removing, storing, maintaining, or insuring the goods. You can’t make a profit from the sale or keep the sale proceeds to cover lost rent.

Any money left over after your costs have been paid should be given to the owner of the goods, or the Chief Commissioner of Revenue NSW if you can’t return the money to the owner.

For more information, see: 

Does a residential tenancy agreement have to be in writing?

A residential tenancy agreement should be in writing but it can be oral, for example a conversation with the landlord. It can be partly oral and partly in writing, for example a conversation and then emails or text messages or another written document. 

You can have a valid residential tenancy agreement and be covered by the rules and obligations for tenants and landlords even though you don't have a written agreement. There is an exception to this in the case of share housing. For more information, see the Share housing section of this topic below.

For more information, see: 

  • Starting a tenancy on the Tenants' Union of New South Wales website, and 
  • Tenancy on the My problem is about section of our website.

If you are still unsure about your status, you should get legal advice.

I rent a room in a boarding house. What law covers me?

There are different laws that could apply to you, depending on how things are arranged. You could be:

  • a tenant covered by the Residential Tenancies Act 2010 (NSW)
  • a boarding house resident covered by the Boarding Houses Act 2012 (NSW)
  • a boarding house resident not covered by the Boarding Houses Act 2012 (NSW)

For more information, see:

For more information and advice, contact your local Tenants Advice and Advocacy Services.

I rent a caravan and a site in a caravan park, which laws cover me?

Caravan parks or residential parks where people live are called residential land lease communities. If you live in a residential land lease community in NSW there may be multiple laws that cover you.

There are different rules that apply if you are renting a caravan for a holiday.

If you rent both the site and home, you are a tenant.

For more information on being a tenant in a residential land lease community, see Land lease community factsheets on the Tenants' Union of New South Wales website.

For more information and advice, contact your local Tenants Advice and Advocacy Services.

I rent a site in a caravan park and own my own caravan, which laws cover me?

Caravan parks or residential parks where people live are called residential land lease communities. If you rent in a residential land lease community in NSW there may be multiple laws that cover you.

There are different rules that apply if you are renting a caravan for a holiday.

If you own your own home but rent the site, you are a home owner. You are covered by the Residential (Land Lease) Communities Act 2013 (NSW), which includes regulations and park rules.

For more information on being a home owner in a residential land lease community, see the Land lease community factsheets on the Tenants' Union of New South Wales website.

For further information and advice, contact your local Tenants Advice and Advocacy Services.

What laws cover student housing?

Residential colleges or halls of residence for students are usually not covered by the rules for landlords and tenants in the Residential Tenancies Act 2010 (NSW).

If you are a student living in student housing, you will not be covered by the Residential Tenancies Act 2010 (NSW) if the premises are:

  • within the educational institution, for example on the university or school campus
  • owned by the educational institution, or
  • provided by another organisation or person with a written agreement with the educational institution, for example, a company that has a written contract with the university to provide housing to the university students.

Even if it looks like your home is excluded from the Act, the landlord can agree that the Act applies. They have to do this in writing. This may be part of any written agreement you have with the landlord.

If your tenancy is excluded from the Act, you will be covered by the terms of the agreement between you and the landlord, whether that is in writing or oral.

If your landlord is your educational institution, you may also be covered by the institution's rules and procedures, for example, a university may have rules about academic misconduct which might affect your enrolment and your tenancy. For advice about university rules and procedures, you should contact your institution's student representative organisation.

If you are not covered by the Residential Tenancies Act 2010 (NSW), you may be able to make a consumer claim. You should get legal advice about whether you can make a consumer claim against the student housing company.

For more information and advice on what laws cover you, contact your local Tenants Advice and Advocacy Services.

What is a holding fee?

This is a fee that the landlord or agent may ask you to pay so that they will not rent the premises to anyone else for seven days.

When you sign a residential tenancy agreement the holding fee goes towards the rent.

You should get your holding fee back if the landlord or agent decides not to rent the premises to you or you decide not to rent the premises because they made a false or misleading statement to you or did not tell you about any material facts.

If you do not sign an offered agreement you forfeit the fee.

For more information about the material facts they should tell you and holding fees, see Starting a tenancy on the Tenants' Union of New South Wales website.

For sample letters, see Holding fee dispute and Repairs before tenancy  on the Tenants' Union of New South Wales website.

What is rent bidding and what are the new protections for tenants against rent bidding?

Rent bidding is where agents or landlords encourage prospective tenants to make an offer to pay rent above the advertised price to secure a residential rental property.  

The rules of conduct for licensed real estate agents have been updated to protect tenants against rent bidding. This means that:

  • real estate agents are not allowed to invite, suggest or encourage a potential tenant to make an offer of rent that is higher than the advertised price for a residential rental property 
  • residential rental properties must be advertised or listed for rent at a fixed price. They can no longer be advertised within a price range, or with text like 'offers from' or 'by negotiation'.

Tenants will still be able to make a higher rental offer if it is made freely and on their own accord.

If you think an agent or landlord is not complying with the rent bidding laws, you can contact NSW Fair Trading or get legal advice.

For more information, see Rent bidding - general fact sheet on the NSW Fair Trading website.

What is the purpose of a condition report?

A condition report is a detailed report that records the condition of the place at the start and end of the tenancy. If there is a dispute about damage at the end of the tenancy, the condition report will be important.

The landlord or agent should fill in the condition report and then give two copies to you. You should fill out the report carefully, agree or disagree with what they put in the report and add more detail if needed. You should also take photographs. If the landlord or agent agrees to do work, add this to the report. You should return one copy to the landlord or agent within seven days.

From 23 March 2020, condition reports can also be provided electronically. This means that the landlord or agent needs to provide you with two hard copies or one electronic copy of the completed condition report, otherwise penalties will apply.

You should complete and return the condition report within seven days of taking possession of the property instead of from when you received the condition report, but only if you received the condition report at that time. 

For more information, see Starting a tenancy on the Tenants' Union of New South Wales website.

I have just moved into a new place and there are lots of cockroaches, what can I do?

The landlord has an obligation to provide the premises in a reasonable state of cleanliness and fit for habitation and to maintain the premises in a reasonable state of repair.

If you think that the landlord may have breached these obligations you can ask for them to fix the problem.

You should put your request in writing and keep a copy.

If they don't act you may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order for the landlord fix the problem.

For more information, including a sample letter, see:

My landlord is not repairing things that are broken. What can I do?

The landlord has an obligation to provide and maintain the premises in a reasonable state of repair. What is reasonable depends on the age of the premises, the rent you pay and the life of the premises. The landlord also has an obligation to provide and maintain locks and other security devices to keep the premises reasonably secure. The landlord does not have to fix damage that you caused.

If you want repairs done you should tell the landlord or agent in writing.

If that doesn’t work, you may apply to NSW Fair Trading for an order.

For more information, see Residential tenancy complaints on the NSW Fair Trading NSW website.

If either party is unhappy with the decision made by NSW Fair Trading, a further application can be made to the NSW Civil and Administrative Tribunal (NCAT) for a resolution. 

Some repairs are urgent and you may follow a different process.

For more information, see:

For a sample letters see:

For more information and advice, contact your local Tenants Advice and Advocacy Services.

Can I make minor changes to the property I am renting?

If you want to make minor changes to the property at your own expense you must first get written permission from the landlord.

These minor changes include:

  • securing furniture to a non-tiled wall for safety reasons
  • fitting a childproof latch to an outdoor gate of a single dwelling
  • inserting fly screens on windows
  • installing or replacing an internal window covering, for example, curtains and removable blinds
  • installing cleats or cord guides to secure blind or curtain cords
  • installing child safety gates inside the property
  • installing window safety devices for child safety
  • installing hand-held shower heads or lever-style taps to assist elderly or disabled occupants
  • installing or replacing hooks, nails or screws for hanging paintings, picture frames and other similar items
  • installing phone line or internet connection
  • planting vegetables, flowers, herbs or shrubs (shrubs that don’t grow more than two meters) in the garden if existing vegetation or plants do not need to be removed
  • installing a wireless removable outdoor security camera
  • applying shatter-resistant film to window or glass doors
  • making modifications that don’t penetrate a surface, or permanently modify a surface, fixture or structure of the property.

If the landlord refuses permission, you can apply to the NSW Civil and Administrative Tribunal (NCAT). Before you apply, you should get legal advice.

My landlord wants to inspect my place, can they do this?

The landlord or agent has limited rights to enter your premises without your agreement. They can only enter for specific reasons and only if they give you notice. Notice periods vary according to the reason.

Your landlord can enter to inspect your premises, but they must give you seven days' notice in writing and they can't do an inspection more than four times in a 12 month period.

For the full list of rules about when the landlord or agent can enter your premises, see Privacy and access on the Tenants' Union of New South Wales website.

Do I have to pay a break fee if I end my lease early?

If you entered into a fixed-term agreement for three years or less from 23 March 2020, you will need to pay a break fee depending on when you end the lease.

The break fees are:

  • four weeks rent if less than 25 per cent of the agreement has expired
  • three weeks rent if 25 per cent or more but less than 50 per cent of the agreement has expired
  • two weeks rent if 50 per cent or more but less than 75 per cent of the agreement has expired
  • one week’s rent if 75 per cent or more of the agreement has expired.

If you don’t pay the break fee, the landlord can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order.

If you end a tenancy because you are experiencing domestic violence, you don't have to pay any break fee. For more information, see FAQ below 'I am a tenant. What can I do if I am experiencing domestic violence and I want to leave?'

For further information, see Ending a residential tenancy on the NSW Fair Trading website.

My landlord has given me a termination notice, what happens now?

If the landlord or agent wants you to move out, they must end the tenancy agreement. In most cases they will give you with a termination notice.

A termination notice tells you that the landlord wants to end the tenancy, gives you the reasons (grounds) and tells you the date they want you to move out.

If you don't leave by the date given in the termination notice, they may apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination order. The landlord can't evict you without a termination order from NCAT.

If NCAT makes a termination order it will also make an order for vacant possession. If you have not moved out by that day the landlord or agent can get a warrant for possession from NCAT. The warrant gives a Sheriff's Officer the right to evict you from the premises. In practice this will often mean that the Sheriff will change the locks, locking you out of the premises and locking all your stuff in.

If the termination notice is for rent arrears, you may be able to save your tenancy by paying the arrears.

For more information, see Rent arrears on the Tenants' Union of New South Wales website.

If the termination notice is because you are breaching (breaking) the agreement in some other way, you may be able to save your tenancy by stopping or fixing the breach.

For more information, see Landlord ends agreement on the Tenants' Union of New South Wales website and Eviction on the My problem is about section of our website.

For further information and advice, contact your local Tenants Advice and Advocacy Services.

How do I get my bond back?

At the end of your tenancy, you may make a claim for the refund of your bond:

  • using Rental Bonds Online, or
  • by filling out a paper claim form and submitting it to NSW Fair Trading.

If you fill in the paper form and the agent or landlord also signs the form, NSW Fair Trading will pay the bond out as you have agreed.

When you make a claim online, a notice is sent to the landlord or agent. They may agree with your claim and then the bond will be paid out as you agreed. If they don't agree they can apply to the NSW Civil and Administrative Tribunal (NCAT) within 14 days of receiving the notice for NCAT to decide how the bond is paid.

If the landlord or agent makes a claim for the bond before you, and you disagree with the application, you can apply to NCAT within 14 days of receiving notice of the claim.

If the landlord or agent's claim is about the condition of the premises, they must send you information on their claim within seven days of making the claim. They must send:

  • a copy of the final condition report
  • copies of any estimates, quotes, invoices or receipts for the work.

The landlord must invite you to the inspection for the end of tenancy condition report.

For more information, see:

For more information on Rental Bonds Online, see FAQ for tenants on the NSW Fair Trading website.

For further information and advice, contact your local Tenants Advice and Advocacy Services.

Can my landlord claim my rental bond if I don’t water the grass because of water restrictions?

Your landlord can make a claim on your bond to cover the reasonable costs of repairing any damage to your rental property caused while you were living there, except for fair wear and tear. This may include any damage caused to the grass of the property.

For more information, see the factsheet Q+A: Water restrictions, drought and rental bond on the Tenants' Union of New South Wales website.

What can I do if the landlord did not lodge my bond?

It is an offence for the landlord not to lodge your bond with NSW Fair Trading within 10 business days of receiving the money.

You should contact NSW Fair Trading to ask if your bond has been lodged. If it hasn’t been lodged, you should write to the managing agent or the landlord asking for a refund of your bond. 

If the managing agent or landlord refuse to refund your bond, and you have supporting evidence that you paid the bond at the start of your tenancy, you can start a claim in the NSW Civil and Administrative Tribunal (NCAT).

How do I start a claim in the NSW Civil and Administrative Tribunal (NCAT) against the landlord for a breach of the tenancy agreement?

You can start a claim in NCAT if you are within the time limit. This is usually within three months of becoming aware of the breach. Some applications have different time limits. You should check the application form.

You can apply:

  • using NCAT Online Services, or
  • by completing the Tenancy and social housing application form and lodging it at any NCAT Registry.

For more information, see Tenancy on the NCAT website. 

How do I register to NCAT Online Services?

To make an application online using NCAT Online Services, you will need to set up an account and register your details on the NSW Online Registry website.  

You will also need the details of the registered name of the business or company and specify the order you are seeking from the Tribunal. 

For more information, see NCAT Online Services Help on the NCAT website.

What happens at the NSW Civil and Administrative Tribunal?

The NSW Civil and Administrative Tribunal (NCAT) is a tribunal that can decide disputes between landlords and tenants.

When a person makes an application, NCAT will send a Notice of Hearing to both sides. The notice will tell you when and where you have to go to NCAT. If you can't go on that day, you can ask for an adjournment. If you live a long way from the hearing venue or you can't travel for health or other reasons, you can ask to appear by telephone. If you need an interpreter, NCAT can provide one.

Before you go to NCAT, you should prepare what you want to say, and your evidence.

When you first arrive at NCAT, the Tribunal Member will ask you to try conciliation. This is where you try to negotiate with the other side to try and resolve the dispute.

If you can't resolve the dispute at conciliation, you will have a hearing. The hearing is where the Tribunal Member hears the evidence from both sides then makes a decision. The hearing may be on the same day or you may have to come back on a different day.

For more information, see:

Can I appear at the NSW Civil and Administrative Tribunal by telephone or video?

Yes, you can attend by telephone or video, if you get permission from the NSW Civil and Administrative Tribunal (NCAT). 

If you want to attend a hearing by telephone or video, you can:

  • ask the Tribunal member during the initial hearing, or
  • complete the application form as soon as possible.

You will need to tell NCAT the reasons for your application and can attach any documents that support your argument.

It will be up to NCAT to decide whether to it is appropriate for you to appear by telephone or video. NCAT will consider:

  • the type of proceeding
  • the nature and complexity of your case
  • the views of the other parties
  • your reasons for the request, and
  • whether any party might suffer a disadvantage.

If your application is approved, NCAT will send you information about how to join the hearing. If your application is not approved, you should attend the hearing in person.

For more information, and for a copy of the application form, see Attending a hearing by telephone or video on the NCAT website.

What can I do if I missed my NSW Civil and Administrative Tribunal hearing date and my matter was dismissed?

If you applied to the NSW Civil and Administrative Tribunal (NCAT) and your matter was dismissed because you didn't go to the hearing, you may be able to make a reinstatement application if you have a reasonable excuse, for example, you were in hospital or you didn't receive the notice telling you when you had to attend.

You will need to complete an Application to reinstate proceedings.

You must attach any documents that support your explanation such as:

  • medical certificates
  • travel documents
  • emails or other communications.

The application needs to be lodged with NCAT within seven days from the date of the decision to dismiss the proceedings. This time frame may only be extended in special circumstances. 

You will need to pay a further application fee. 

For more information, see Reinstatements on the NCAT website.

Before making a reinstatement application, you should get urgent legal advice.

I had to leave some things behind when I moved out, can I get them back?

If you leave things behind after you move out, there are rules about what the landlord must do with them.

Under the Uncollected Goods Act 1995 (NSW):

  • some goods can be disposed of straight away (rubbish and perishables)
  • personal documents must be stored in a safe place and kept for at least 28 days after the landlord gives you notice
  • the landlord must give you at least 14 days written or verbal notice for goods worth less than $1,000
  • the landlord must give you at least 28 days written notice goods worth between $1,000 to $20,000 
  • if the goods are worth more than $20,000 the landlord must apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to dispose of the goods
  • you or anyone else with a legal interest in the goods can reclaim the goods from the landlord
  • the landlord must give the goods to a person with legal interest in them on demand.

For more information on the process, see the Uncollected goods topic and Uncollected goods on the My problem is about section of our website.

For more information on the process, see Goods left behind on the Tenants' Union of New South Wales website.

For further information and advice, contact your local Tenants Advice and Advocacy Services.

I have just found out that I am listed on a tenant database as owing money on an old tenancy. I disagree, what can I do?

Tenant databases hold information about tenants for agents and landlords.

An agent or landlord can only list you on a tenant database in limited circumstances and they must give you notice of the information they plan to list before they do it.

If you find out you are listed on a tenant database, you may write to the landlord or agent who listed you and ask for a copy of the information.

You may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that the information be removed, amended or not listed.

For more information, including tips on how to minimise the impact of a listing, see Tenant databases on the Tenants' Union of New South Wales website.

For sample letters, see:

For further information and advice, contact your local Tenants Advice and Advocacy Services.

I am a tenant and I want to sublet a room in my home. How can I do this?

You need the landlord's consent in writing to sub-let a room in your home. The landlord shouldn't unreasonably withhold consent, and if they do, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to allow the sub-letting.

If you sub-let, you will be a head-tenant. The person you rent to is called a sub-tenant.

Your sub-tenant may ask you to enter into a written agreement. If you both live in the same house without a written agreement, the sub-tenant does not have the protections of a tenant under the tenancy law. If you have a written agreement, you will have the same rights and obligations as a landlord.

For more information, see Share housing and Transfer and sub-letting on the Tenants' Union of New South Wales website.

For a sample Share housing agreement, see Share housing agreement on the Tenants' Union of New South Wales website.

I am moving into an already established share house. What do I need to do to make sure that my legal rights are protected?

Your legal status in share housing will depend on whether you are a co-tenant, sub-tenant, boarder or lodger.

If you would like to be a co-tenant with equal rights to the other tenants, you could ask that the departing co-tenant transfer their tenancy to you. They must get the landlord or agent's permission for the transfer.

If you would like to be a sub-tenant, and the head-tenant lives in the same home, you should get a written share housing agreement between you and the head-tenant. Without this document, you will not have the protections of a tenant.

For more information, see:

For sample documents, see:

I live in a share house and I want another person in my home to leave. Can I make them move out?

What steps you can take to have them leave, depends on whether you are co-tenants, head-tenant and sub-tenant, or landlord and lodger.

Whatever your relationship, you could try talking to them and seeing if you can come to an agreement. You could get help to talk to them by attending mediation at a Community Justice Centre.

For more information on your options, see:

For more information and advice, contact your local Tenants Advice and Advocacy Services.

My tenant has sent me a Termination Notice because of domestic violence. Can they do this?

From 28 February 2019, the tenant can give you a Domestic Violence Termination Notice, which must include:

  • a termination date, which can be on the same day that you get the notice
  • supporting evidence showing that the tenant (or the dependent child) is in a domestic violence situation because of a perpetrator.

The perpetrator may be:

  • someone the tenant has, or has had, a domestic relationship with
  • a former or current co-tenant
  • a former or current occupant.

Information showing a domestic violence situation can include:

  • a domestic violence declaration
  • a Domestic Violence Order (DVO) made against the perpetrator where the tenant is the protected person and the order is still in-force
  • an injunction made by the Family Court to protect the tenant from the perpetrator that is still in-force
  • a certificate of conviction, which shows that the perpetrator was charged and convicted for the domestic violence.

If the tenant is relying on a certificate of conviction or a domestic violence declaration, it must be for a domestic violence situation that happened during the tenancy.

If the tenant is relying on a DVO or an injunction, it must still be in-force. It can't be expired.

They can do this during the fixed term of the tenancy. The tenant does not need to pay you compensation for the early termination of the agreement.

I am a tenant. What can I do if I am experiencing domestic violence and I want to leave?

If you (or your child) are experiencing domestic violence, you may end your tenancy by giving a Domestic Violence Termination Notice to the landlord and all other tenants.

The Domestic Violence Termination Notice must include:

  • a termination date, which can be on the same day you give the notice or a later date
  • supporting evidence showing that you are in a domestic violence situation because of the perpetrator.

By giving this notice, you can leave the place you are renting as soon as you are ready without having to pay any compensation for ending the tenancy early.

The perpetrator may be:

  • someone you have, or had, a domestic relationship with
  • a former or current co-tenant
  • a former or current occupant.

For more information, see Ending a tenancy because of domestic violence on the NSW Fair Trading website.

For a sample Domestic Violence Termination Notice, see Ending tenancy due to domestic violence on the Tenants' Union of New South Wales website.

If you are not sure what to do, you should speak to your local Tenants Advice and Advocacy Services.

What supporting evidence can I provide to show that I am experiencing domestic violence in a Domestic Violence Termination Notice?

Supporting evidence showing the domestic violence situation may be:

  • a domestic violence declaration
  • a Domestic Violence Order (DVO) made against the perpetrator where you are the protected person
  • an injunction made by the Family Court to protect you from the perpetrator
  • a certificate of conviction, which shows that the perpetrator was charged and convicted for the domestic violence

If you are relying on a certificate of conviction or a domestic violence declaration, it must be for a domestic violence situation that happened during your tenancy.

If you are relying on a DVO or an injunction, it must be in-force. It can't be expired.

What is a Domestic Violence Order that can be used in a Domestic Violence Termination Notice?

A Domestic Violence Order (DVO) can be:

  • a final, interim or provisional Apprehended Domestic Violence Order (ADVO) from NSW
  • a similar order from another State
  • a DVO made in New Zealand

which is still in-force.

What is included in a domestic violence declaration?

The declaration is a specific form that must be completed.

The following competent persons may provide a declaration:

  • registered health practitioners who hold either general or specialist registration in one of the following health professions:
    • Aboriginal and Torres Strait Islander health practice
    • Chinese medicine
    • chiropractic
    • dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist)
    • medical
    • medical radiation practice
    • midwifery
    • nursing
    • occupational therapy
    • optometry
    • osteopathy
    • paramedicine
    • pharmacy
    • physiotherapy
    • podiatry
    • psychology
  • social workers who are a member of the Australian Association of Social Workers,
  • employees of a NSW government agency that work in child protection,
  • employees of non-government agencies that receive government funding to provide services relating to domestic violence/sexual assault or refuge/emergency accommodation, and
  • approved counsellors under the Victims Rights and Support Act 2013.

It includes:

  • your details and children, if any
  • the name of the perpetrator and your relationship with him or her
  • the declaration by the authorised person based on the consultation with you.

The declaration does not include the details of the domestic violence situation. It also does not depend on the perpetrator being charged or convicted for the domestic violence or a current domestic violence order.

For a declaration by a competent person form, see Information for professionals who can make a domestic violence declaration on the NSW Fair Trading website.

There can be strong penalties for a person giving false or misleading information.

How do I give my landlord and the other tenants a Termination Notice?

There are rules you need to follow to serve the Termination Notice and you need to add time for the notice to be served.

For more information, see Ending a residential tenancy on the NSW Fair Trading website.

Can I be blacklisted for giving a Domestic Violence Termination Notice?

Your landlord or real estate agent must not list your information on a tenancy database for giving a Domestic Violence Termination Notice.

My ex-partner and I are co-tenants. I want to stay in the tenancy but I want them out of the tenancy. What can I do?

Your options will depend on whether you have an Apprehended Domestic Violence Order (ADVO).

If you have a final ADVO with an exclusion order, your ex-partner's part of the tenancy will be automatically terminated, but your tenancy will continue. An exclusion order is an order that says the defendant can't live at or come to the premises. If you have an exclusion order, it will be on your AVO under the heading "Orders about where you cannot go".

The exclusion order must identify the tenancy address. This order can then be used as evidence and attached to your Notice to terminate tenancy agreement.

If you do not have a final AVO with an exclusion order, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to terminate your co-tenant's tenancy. The Tribunal will consider the special circumstances of the case.

For more information about your options, see Domestic violence and tenancy on the Tenants' Union of New South Wales website.

For more information about AVOs, see Apprehended Violence Orders on the My problem is about section of our website. 

I have been told that there is a federal jurisdiction problem in my application. What is a federal jurisdiction problem?

A federal jurisdiction problem is when the NSW Civil and Administrative Tribunal (NCAT) does not have the power to make a decision about your matter. For example, an NCAT application:

  • involves residents of different States
  • involves the Commonwealth or Commonwealth laws.

If there is a federal jurisdiction problem, NCAT will give you a letter explaining that you can apply to the Local Court or District Court depending on the size of your claim.

For more information, see Federal jurisdiction on the NCAT website.

If you are not sure what this means for your matter, you should get legal advice.

The NSW Civil and Administrative Tribunal could not hear my matter because of a federal jurisdiction problem. How do I apply to the Local Court?

To apply to the Local Court you will need to file:

  • a Summons form
  • a supporting affidavit
  • a copy of the NCAT application
  • a copy of the NCAT letter.

There is no filing fee unless you have made a lot of changes to your original application.

If you want help with applying to the Local Court, you should get legal advice.

Can a real estate appear on my behalf at the Local Court?

If you are a landlord and want your real estate to appear on your behalf, they must seek leave (permission) from the Court. It is up to the Court whether to allow or refuse leave.

Last updated: February 2024