A Comprehensive Overview for Tenants and Landlords
New South Wales (NSW), like other Australian states, periodically updates its rental laws to ensure fair and transparent dealings between tenants and landlords. These changes are designed to improve housing security, increase transparency, and address emerging challenges in the rental market. This document provides a detailed summary of the most recent reforms, their implications, and what both tenants and landlords need to know to comply with the updated legislation.
Rental laws in NSW are governed primarily by the Residential Tenancies Act 2010, along with supporting regulations and amendments. Updates to these laws reflect changing social and economic circumstances, aiming to strike a balance between the rights and responsibilities of tenants and landlords.
In recent years, several significant changes have been introduced, affecting everything from lease agreements and eviction processes to repairs, pets, and protections from domestic violence.
Recent reforms have addressed how and when rents can be increased:
For periodic leases, rent can only be increased once every twelve months, compared to the previous six-month interval.
Landlords must now give at least 60 days' written notice of a rent increase.
Tenants may challenge excessive rent increases through the NSW Civil and Administrative Tribunal (NCAT).
These changes are intended to provide greater stability for tenants and ensure that rent increases are reasonable and predictable.
One of the most progressive reforms involves enhanced protections for tenants who experience domestic violence:
Tenants who are victims of domestic violence can immediately end their tenancy without penalty.
They must provide appropriate evidence, such as a provisional, interim, or final apprehended violence order (AVO), or a family law injunction.
Co-tenants who were not perpetrators of violence can also end their tenancy without penalty, and any unpaid rent or property damage caused by the perpetrator will not be their responsibility.
These changes ensure that victims of domestic violence are not trapped in unsafe living arrangements and can seek safety without financial consequences.
Recent updates have clarified the responsibility for repairs and maintenance:
Landlords must ensure the property is in a reasonable state of repair before and during the tenancy.
If urgent repairs are required and the landlord is unavailable, tenants may arrange for repairs up to $1,000 and seek reimbursement.
Tenants are required to notify landlords of any damage or need for repair in writing.
These reforms help address long-standing issues around delayed repairs and ensure homes remain safe and habitable.
The rules regarding pets in rental properties have shifted towards greater tenant flexibility:
Tenants may request permission to keep a pet, and landlords cannot unreasonably refuse.
If the landlord refuses, they must provide specific reasons why the pet is unsuitable for the property.
Tenants are responsible for any damage caused by their pets.
While landlords retain the right to refuse pets under certain circumstances (such as strata by-laws or unsuitable property features), the default position is now more supportive of pet ownership.
The process for ending a tenancy has been clarified and, in some cases, streamlined:
For fixed-term agreements, tenants must give at least 14 days’ notice before the end of the lease if they wish to move out.
Landlords must provide 30 days’ notice if they do not wish to renew a fixed-term lease.
For periodic agreements, tenants must give 21 days’ notice, and landlords must give 90 days’ notice to end the tenancy without grounds.
Immediate termination is possible in cases of serious breaches or domestic violence.
These rules give both parties clear guidelines and timeframes, reducing confusion and disputes.
There are now provisions that allow tenants to make minor modifications to the property:
Tenants can make certain minor alterations (such as installing child safety devices, securing furniture, or hanging pictures) without landlord approval, provided they restore the property when they leave.
For more significant modifications, tenant requests must be considered by landlords, who cannot unreasonably refuse consent.
These changes contribute to improved safety and allow tenants to better personalise their homes.
Changes have been made to ensure tenants receive clear and accurate information about their rental property:
Landlords must disclose if the property is listed for sale or subject to court proceedings at the time of signing the lease.
Any known material facts, such as flood or fire risk, must be shared before entering into a tenancy agreement.
Failure to disclose relevant information can lead to penalties and potential nullification of rental agreements.
This increased transparency helps tenants make informed decisions and reduces the chances of unpleasant surprises.
The law now allows for more flexible communication methods:
Tenancy documents, including notices and agreements, can be delivered electronically (with consent from both parties).
This modernisation makes it easier to manage documentation and speeds up the rental process.
Rental bonds remain capped at four weeks’ rent.
Bond refund processes have been streamlined, with timeframes for return and dispute resolution clearly set out.
Landlords and agents cannot charge fees for supplying keys, remote controls, or other essential devices at the start of the tenancy.
These updates protect tenants from excessive charges and promote fair dealing.
The NSW Civil and Administrative Tribunal (NCAT) remains the primary body for resolving tenancy disputes:
Recent reforms have improved access to dispute resolution services, including online hearings and streamlined complaint procedures.
NCAT can issue orders related to rent, repairs, termination, bond refund, and breaches of agreement.
Tenants and landlords alike are encouraged to seek mediation before escalating matters to NCAT.
Tenants benefit from increased security, flexibility, and protection under the new laws. They can expect more predictable rent increases, greater rights around pets and repairs, and clearer information regarding the property. Tenants experiencing domestic violence are now given pathways to safety without fear of penalty or financial burden. The ability to make minor modifications allows tenants to better adapt their living environment to their needs.
Landlords must adapt to a more regulated environment, with new obligations for transparency, repairs, and lease termination. While landlords retain significant rights, particularly around property upkeep and rent setting, they must ensure compliance with notice periods, pet requests, and disclosure requirements. Failure to comply can result in penalties or loss of the right to claim certain costs.
Landlords and tenants alike should:
Familiarise themselves with the latest laws and resources from NSW Fair Trading.
Keep thorough records of all communication, agreements, and repairs.
Utilise electronic communication where possible for efficiency and clarity.
Seek to resolve disputes through dialogue and mediation before approaching NCAT.
Stay informed about future legislative updates that may affect their rights and responsibilities.
The recent changes to rental laws in NSW represent a major step forward in strengthening tenant protections, improving transparency, and modernising the rental market.
By understanding these updates, both landlords and tenants can ensure smoother, fairer, and more secure rental experiences. Whether you are renting a home or managing properties, staying informed and compliant is essential to thriving in the evolving NSW housing landscape.