Tenancy

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. 

When searching for a property, keep in mind that a landlord or agent can’t offer a home for rent unless there is a fixed amount stated in the advertisement or offer. The landlord or agent can’t ask or encourage you for a higher amount than advertised. For more information on the prohibition on rent bidding, see Rent Bidding on the NSW Fair Trading website.

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. 

You will be given a condition report. Make sure you check the report and take photos of the premises for your own records. You can add things that are not included in the condition report.

For more information, see Starting a tenancy on the Tenants' Union NSW website. 

When you start a tenancy, the landlord or agent will ask you to pay a rental bond. This is usually four weeks of rent.

You can pay the bond to your landlord or agent, or directly to NSW Fair Trading.

Your landlord or agent must submit the bond with NSW Fair Trading.

When you move out of the property, you can claim the bond back unless the landlord or agent makes a claim for all or part of the bond. They can do this if you owe rent, damaged the property, left the property unclean or didn’t return the keys.

For more information, see Bond on the Tenants Union NSW website. 

Your landlord is responsible for keeping the property in a reasonable condition. You are responsible for any damage that you have caused. You must ask for permission before making any changes to the premises.

If you want repairs to be done, you must notify your landlord or agent. 

You can get urgent repairs done if the cost of the work is up to $1,000.  Urgent repairs include things like serious plumbing or roof leak, electrical faults or broken hot water service, blocked toilet, broken stove, storm or fire damage, or gas leak.

If the cost is more than $1,000, you will need to apply to the NSW Civil and Administrative Tribunal (NCAT) for an order. You must keep receipts for the repairs.

For more information, see Repairs and Maintenance on the Tenants Union NSW website.

if you want to end your lease early, you will need to give notice to your landlord or agent depending on the reasons.

You can terminate your tenancy:

• at the end of the fixed term
• if the premises are unusable
• if you are in financial hardship
• if you are victim of domestic violence
• for breach of disclosure requirements.

For more information, see You want to leave on the Tenants Union NSW website.

The landlord or agent must provide a written termination notice to the tenant stating the:

• address of the property
• day by which the landlord/agent wants vacant possession
• grounds for termination.

The landlord or agent must properly send or deliver the notice to you in person, by post, or email.

Depending on the grounds for termination, there are minimum notice periods that a landlord or agent must provide. 

The landlord or agent must give:

• 30 days written notice for no grounds termination at the end of the fixed term agreement
• 90 days written notice for no grounds periodic agreement
• 14 days written notice for a breach of the agreement
• 30 days notice for the sale of premises
• Immediate notice is the premises are destroyed or unliveable.

No grounds termination means that the landlord or agent wants to end your tenancy without giving you a reason.

If the landlord or agent gave you a termination notice after you tried to enforce your tenancy rights, you can apply to NCAT for an order that the termination notice was retaliatory.

For more information about termination, see Landlord ends agreement on the Tenants’ Union NSW website.

If the grounds for the termination is for rental arrears, you may not need to vacate the property if you pay all of the rental arrears or you enter into a repayment plan with the landlord or agent. 

For more information, see Rent arrears on the Tenants’ Union NSW website. 

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

NCAT can make orders:

• to end the tenancy agreement
• for the payment of the rental bond (up to $30,000)
• for compensation be paid to the landlord or tenant (up to $15,000)
• that a rent increase is excessive
• that a term of the agreement must be complied with.

The landlord or agent can apply to NCAT for a termination order if you have not vacated the property by the date stated on the termination notice.

You will receive a letter from NCAT with the date and time for the hearing.

NCAT will make a termination order if they are satisfied that the correct notice was given. You will be given a date to move out of the property. If you don’t move out by the date set by NCAT, your landlord or agent can apply for a Warrant for Possession. 

The landlord or agent can't lock you out of your tenanted property unless they have an order from the NSW Civil and Administrative Tribunal (NCAT).

A Warrant for Possession gives authority to the NSW Sheriff to evict you from the property.

For more information, see Warrant for possession on the NCAT website.

If you left your goods behind, you should make arrangements with the landlord or agent to collect your goods.

Your landlord or agent must give you notice to collect your goods before they are allowed to dispose of them. The period of notice depends on the value of the goods.

Your landlord can dispose of perishable items without notice. 

If there is a dispute about the goods, you can apply to NCAT for an order. 

For more information, see Uncollected goods.