About
Tenancy Support & Assistance provides practical information to help people understand their rights and responsibilities when renting in New South Wales.
Whether you're starting a new tenancy, experiencing issues with your landlord or property manager, facing a rent increase, or have received a termination notice, this resource is designed to help you navigate common tenancy situations with confidence.
The information on this page covers frequently asked questions, key tenancy rights, and links to trusted services that can provide free advice and support. While every effort has been made to ensure the information is accurate, tenancy laws can change over time. If you need advice about your individual circumstances, we encourage you to contact a specialist tenancy advice service or NSW Fair Trading.
Quick Links
Starting a Tenancy
What laws cover renters in NSW?
There are specific laws about renting in NSW. Most residential tenancies are covered by the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019. The Regulations provide detail about how the Act functions.
More information here: https://files.tenants.org.au/factsheets/introduction.pdf
Do I need a written lease?
Not always.
A residential tenancy agreement is a contract. It sets out the tenant’s and landlord’s rights and obligations. It is also commonly known as a lease. Tenancy agreements are usually in written form. They can also be oral (e.g. a conversation with the landlord) or partly written & partly oral. All agreements must follow the Residential Tenancies Act 2010 (‘the Act’).
More information here: https://files.tenants.org.au/factsheets/starting-tenancy.pdf
How long do I have to return my Condition Report?
The landlord must fill in a condition report and provide this to you when you move in. The report describes the condition of the premises. You must complete your condition report and return one copy to the landlord within 7 days of moving in.
If the landlord does not give you a condition report, write a detailed report on the condition of the premises yourself, include photos, and have a witness sign and date it.
More information here: https://files.tenants.org.au/factsheets/starting-tenancy.pdf
Can my landlord add anything they want into my lease?
No.
Some conditions cannot legally be included in a tenancy agreement, such as requiring professional carpet cleaning (unless required because of pets), forcing you to purchase a particular insurance policy, or requiring you to use a specific contractor.
The landlord may include additional terms in the standard residential tenancy agreement, but they are only valid if:
- both you and the landlord agree to them
- they do not conflict with the Act or any other laws
- they don’t conflict with the terms of the standard residential tenancy agreement
Rents & Bonds
How much bond can I be charged?
Maximum of 4 weeks rent.
Can my landlord ask me to top up my bond?
No.
You can only be asked to pay one bond per tenancy. The landlord cannot require you to pay more (or another) bond when the rent is increased.
More Information about Bonds: https://files.tenants.org.au/factsheets/bond.pdf
How much rent can be paid in advance?
2 weeks rent.
The landlord cannot require you to:
- pay more than 2 weeks in advance
- pay more than 2 weeks worth of rent at a time
- pay rent before the due date
- pay rent with a post-dated cheque
More Information about Rent Payments: https://files.tenants.org.au/factsheets/rent-payment.pdf
Can my landlord increase my rent?
The landlord can only increase the rent if they follow the legal requirements for correct notice below. These requirements apply to all residential tenancy agreements and including renewal of a fixed-term agreement.
Correct written notice
- Correct notice of a rent increase must:
- Be in writing
- State the increased rent
- State the day from which the increased rent applies
Correct notice period
- The landlord/agent must give you at least 60 days notice of a rent increase.
- If the landlord/agent posts the notice, they must allow an extra 7 working days for delivery.
How often can rent be increased?
There is now a 12-month cap on rent increases for most agreements. This means that for most tenancies, the landlord/agent cannot increase your rent:
- within the first year of the start of the tenancy, or
- more than once in any 12-month period
More Information about rent increases: https://files.tenants.org.au/factsheets/rent-increases.pdf
Do I have to pay for water, electricity and gas?
Tenancy law and your tenancy agreement set out rules about who pays for water, energy, and other utilities. If you are required to pay a utility charge, it will usually be a separate payment to your rent, with a different due date. A landlord cannot require you to use a particular service provider to provide or pay utility charges – unless you are in an embedded network. If you do not pay a utility charge when you are required to do so, it is a breach of your tenancy agreement.
More information here: https://files.tenants.org.au/factsheets/utilities.pdf
Repairs & Maintenance
Who is responsible for repairs?
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Landlord Responsibilities |
Tenant Responsibilities |
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More information here: https://files.tenants.org.au/factsheets/repairs.pdf
What if my landlord refuses to fix something?
If the landlord or agent fails to do repairs you have requested, it is a good idea to try negotiating. You can also try making a complaint using the real estate agent’s complaints process.
If that does not work, you can lodge an application with the NSW Civil and Administrative Tribunal (NCAT), or with the NSW Fair Trading complaints service.
More information here: https://files.tenants.org.au/factsheets/repairs.pdf
Privacy & Property Access
Can my landlord enter whenever they want?
No.
Your landlord must generally provide notice before entering the property unless it is an emergency, to do urgent repairs, if the landlord thinks that the premises have been abandoned, in accordance with an order of the NSW Civil and Administrative Tribunal (NCAT), or if they have serious concern about the health/safety of a person on the premises (after they have first tried to get your consent to enter).
More Information here: https://files.tenants.org.au/factsheets/privacy-access.pdf
Ending your Tenancy
I received a Termination Notice. What do I do?
If you are faced with eviction, start by checking if the notice, reason, and evidence given are valid – see the sections above. Contact your local Tenants Advice and Advocacy Service if you need advice. Then consider the following steps.
The landlord can withdraw a termination notice at any time (but only with your consent). However, they are also allowed to give you a further notice for the same or a different reason, with the required notice period. Some reasons may have a shorter notice period than the original notice.
More information here: https://files.tenants.org.au/factsheets/eviction.pdf
What should a Termination Notice include?
A valid notice must:
- be in writing, signed by the landlord
- be properly sent or delivered to you
- include the property address
- include the date you are required to leave with number of days notice
- have a termination information statement attached that includes: the reason under the law for ending the agreement, particular evidence to show that the reason is genuine (depending on the reason), that it is an offence to give a notice that is not genuine or provide false or misleading evidence, that you have a right to challenge the validity of the termination notice or argue that the notice was issued in a retaliatory manner, and how you can contact NSW Fair Trading.
More information here: https://files.tenants.org.au/factsheets/eviction.pdf
Breaking your lease
If you want to leave and you don’t have one of the legally specified reasons then you need to break the agreement. A break fee will apply.
Different rules may apply if you are experiencing domestic or family violence or other circumstances recognised under NSW tenancy law.
More information here: https://files.tenants.org.au/factsheets/how-do-i-end-my-tenancy.pdf
Rights & Responsibilities
As a tenant you should:
- Pay your rent on time.
- Keep the property reasonably clean.
- Report repairs promptly.
- Avoid damaging the property.
- Respect your neighbours.
- Ensure your guests behave appropriately.
- Do not use the property for illegal purposes or create excessive noise or nuisance.
Your landlord should:
- Maintain the property.
- Respect your privacy.
- Provide required notice before entering.
- Carry out repairs within a reasonable timeframe.
- Follow NSW tenancy legislation.
If you have a tenancy dispute
Both tenants and landlords can apply to the NSW Civil and Administrative Tribunal (NCAT) to resolve tenancy disputes.
Aboriginal & Torres Strait Islander Resources
Koori Renters Kit
The Koori Renters Kit is a practical guide developed specifically for Aboriginal and Torres Strait Islander renters in New South Wales.
It provides easy-to-understand information about:
- Starting a tenancy
- Rent and bonds
- Repairs and maintenance
- Ending a tenancy
- Tenant rights and responsibilities
- Where to get help
View the Koori Renters Kit https://www.tenants.org.au/resource/koori-renters-kit
Murra Mia Southern Aboriginal Tenants Advice and Advocacy Service
Provides free tenancy advice and advocacy for Aboriginal and Torres Strait Islander tenants across southern New South Wales.
Phone: 1800 672 185
Need More Help
Visit Us:
If you need personalised support, advice or assistance, our team is here to help.
📍 Fairy Meadow Drop-In Hub
40 Princes Highway, Fairy Meadow
Wednesday – Friday: 9am – 3pm
📍 Mangerton Community Centre
Monday: 9:00am – 1:30pm
📍 Warilla Neighbourhood Centre
Tuesday: 12:00pm – 2:00pm
📍 DCJ Coniston Booth
Tuesday: 9:00am – 4:30pm
Can't make it to one of our locations? Visit our Mobile Outreach Van:
📍 Wollongong Train Station(Railway Station Square, near Lighthouse Church)
Tuesday & Thursday: 4:00pm – 6:00pm
Additional Tenancy Support:
If you need tenancy advice or information, these organisations can also help:
Tenants NSW
Independent advice, factsheets and tenancy information.
Website: www.tenants.org.au
Illawarra & South Coast Tenants Advice Service
Free tenancy advice for people living in the Illawarra and South Coast.
Phone: 1800 807 225
Website: www.illawarralegalcentre.org.au
NSW Fair Trading
Information about renting, tenancy laws and dispute resolution.
Website: www.fairtrading.nsw.gov.au
http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home.html
Disclaimer: This information is intended as a general guide only and does not constitute legal advice. Tenancy laws and regulations may change over time. If you require advice about your individual circumstances, please contact a Tenants Advice Service, NSW Fair Trading or another qualified tenancy support service.
