Residential tenancy law in Australia

No. Each state and territory has its own residential tenancies Act, its own bond authority and its own tribunal. The rules that apply are those of the place where the property is located. The Acts have converged in recent years, particularly after the National Cabinet agreement in 2023, but important details such as notice periods, bond caps and the grounds for eviction still differ. Always check the page for your state or territory before acting.

In most of Australia, no. New South Wales, Victoria, South Australia and the ACT require the landlord to rely on a ground set out in the Act, often with evidence attached to the notice. Queensland and Tasmania require a ground to end a periodic tenancy, but a landlord can still end a fixed term when it expires. Western Australia and the Northern Territory still allow terminations without grounds, although WA announced in May 2026 that it will change this. Even where a ground exists, the tenancy only ends when you leave or a tribunal makes a possession order.

In New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania and the ACT, rent can generally only be increased once in any 12-month period, with written notice. The Northern Territory allows an increase every six months, if the agreement provides for it, on at least 30 days' notice. Notice periods for the increase itself range from 30 days to 90 days. If the increase is excessive you can apply to the tribunal, usually within 30 to 90 days of the notice.

Four weeks' rent is the usual maximum. Victoria uses one month's rent where the weekly rent is $900 or less. South Australia allows four weeks where the weekly rent is $800 or less and six weeks above that. Western Australia also allows a separate pet bond. Since 30 September 2024 Queensland caps the bond at four weeks' rent regardless of the rent amount. In every jurisdiction except the Northern Territory the bond must be lodged with a government bond authority rather than kept by the landlord.

Every state and territory now has rules about pet requests. In most places the landlord must respond within a set time and can refuse only on grounds set out in the law, or by getting approval from a tribunal or, in Western Australia, the Commissioner for Consumer Protection. In New South Wales the landlord has 21 days to respond, after which consent is taken to be given. In Western Australia, Tasmania and the Northern Territory the landlord has 14 days to respond or to apply to refuse. Assistance animals are treated differently again and generally cannot be refused. Body corporate by-laws and the size or type of the premises can still be relevant.

Put the request in writing and keep a copy. If the repair is urgent and the landlord does not act, most Acts let you arrange the repair yourself up to a capped amount and claim reimbursement, or apply to the tribunal for an urgent repair order. If it is non-urgent, wait out the response period (14 days in Victoria, for example), then escalate. Do not stop paying rent - that puts you in breach. You can instead ask the tribunal for a rent reduction for the period the premises were not fully usable.

Usually not. Tenancy tribunals are designed for self-represented parties, hearings are informal and, in most jurisdictions, a party needs the tribunal's permission to be represented by a lawyer. Application fees are low and these are generally 'no costs' jurisdictions, so you will not normally have to pay the other side's legal costs if you lose. Free help from a tenants' service before the hearing is usually more valuable than representation at it.

Fair wear and tear is the deterioration that happens through ordinary, reasonable use over time - faded curtains, worn carpet in a hallway, small scuffs on walls, a tired kitchen bench. You are not responsible for it, and a landlord cannot use your bond to renew an aged item. You are responsible for damage, which is harm caused by accident, neglect or misuse, such as a burn in the carpet or a hole in a door. Tribunals apply depreciation, so even for genuine damage you pay for the remaining life of the item, not a brand new one.

Only in limited circumstances and only after the tenancy has ended. Typically a listing is allowed only where you owe more than the bond after leaving, or a tribunal has ended the tenancy because of something you did wrong. You cannot be listed simply for falling behind once, for being given a notice, or for complaining. In New South Wales you must be told in writing before the listing and given 14 days to respond, and you can ask for a copy. If a listing is unjust, inaccurate or out of date, you can apply to the tribunal to have it removed or amended and, in some cases, for compensation.

The landlord can apply for a warrant of possession, which authorises a sheriff, bailiff or police officer to remove you and give the premises back to the landlord. Only that officer can do it - a landlord or agent who changes the locks or removes your belongings without a warrant is acting unlawfully and can be ordered to compensate you. Warrants usually have a limited life and must be executed within it. If your circumstances have changed you can sometimes apply to have the order or warrant suspended or set aside.