Residential tenancy law in New South Wales

• Residential Tenancies Act 2010 (NSW) (NSW)

  The main Act. It covers agreements and standard terms, rent and rent increases, bonds, repairs and maintenance, pets, entry by the landlord, tenancy databases in Part 11, termination and possession, and NCAT's powers to make orders.

• Residential Tenancies Regulation 2019 (NSW) (NSW)

  Prescribes the standard form agreement, the condition report and the competent person declaration form, the supporting documents a landlord must give with certain termination notices, the time limits for many NCAT applications and NCAT's money limits.

• Residential Tenancies Amendment Act 2024 (NSW) (NSW)

  Assented to on 31 October 2024. It limited rent increases to once in 12 months for all lease types, ended 'no grounds' evictions from 19 May 2025 by listing the reasons a landlord can use, created the pet application rules and required fee-free ways to pay rent.

• Residential Tenancies Amendment Regulation 2025 (NSW) (NSW)

  Sets the detail for the reforms that commenced on 19 May 2025, including the grounds for refusing a pet, the supporting documents for termination notices and time limits for some NCAT applications. The documents needed for a renovation notice were changed again from 20 June 2025.

• Residential Tenancies Amendment (Domestic Violence Reform) Act 2025 (NSW) (NSW)

  Assented to on 28 October 2025 and in force from 21 September 2026. It changed how a tenancy is ended because of domestic abuse, protects tenants who are not the alleged perpetrator from liability for damage, restricts tenancy database listings and lets NCAT order co-tenants to repay a departing tenant's share of the bond.

• Boarding Houses Act 2012 (NSW) (NSW)

  Covers registrable boarding houses and sets occupancy principles for boarders and lodgers, who are usually outside the Residential Tenancies Act.

• Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) (CTH)

  Applies to misleading or deceptive conduct by agents in trade or commerce, which can be relevant where a property was advertised inaccurately.

• NSW Civil and Administrative Tribunal (NCAT)

  Decides residential tenancy disputes in its Consumer and Commercial Division: bond claims, repairs, compensation, excessive rent increases, pets, termination and possession orders, and tenancy database listings. Money orders are limited to $30,000 for a bond and $15,000 for other tenancy claims.

• NCAT Appeal Panel

  Hears internal appeals from tenancy decisions. You can appeal on a question of law; an appeal on other grounds needs the Panel's permission. In residential proceedings an appeal must generally be lodged within 14 days, and the original orders still apply unless a stay is granted.

• NSW Fair Trading

  Administers the Act, publishes the forms, runs a free complaint and information service on 13 32 20, and can try to resolve a problem informally with a landlord or agent.

• Rental Bonds Online

  The NSW Fair Trading service that holds rental bonds, processes claims and refunds at the end of a tenancy, notifies the other party of any claim and handles Smart Rental Bonds transfers.

• Housing Appeals Committee

  An independent agency that hears appeals about decisions of Homes NSW or a registered community housing provider, such as eligibility, priority housing and transfers, after the provider's own first tier review.

• Local Court of New South Wales

  Enforces NCAT money orders once a certified copy is registered as a judgment, for example by a garnishee order or a writ for the levy of property.

1. 01Applying for and starting the tenancy

   You apply, the landlord or agent decides, and you sign the agreement. You cannot be charged for background checks or for preparing the agreement. The bond is capped at four weeks' rent and must be deposited with NSW Fair Trading, usually through Rental Bonds Online. You are given a condition report to complete and return. Complete it carefully and support it with dated photographs, because it is the main evidence in any later bond dispute.

   Typical timeframe: 1-3 weeks

2. 02Living in the property

   Rent is paid as the agreement provides. The landlord or agent must offer bank transfer and Centrepay with no fee and let you choose between them. The landlord must keep the premises in a reasonable state of repair and must give the correct notice before entering. You must not cause damage or a nuisance, and you need consent for alterations and for a pet, but not for an assistance animal.

   Typical timeframe: Ongoing

3. 03Raising a problem in writing

   Whether it is a repair, a rent increase or an entry issue, put the request in writing and keep a copy. Where the Act sets a timeframe or a form, use it. If nothing happens, you can complain to NSW Fair Trading, which may contact the landlord or agent informally.

   Typical timeframe: 1-4 weeks

4. 04Notices under the Act

   Either side ends a tenancy with a written, signed termination notice that names the premises, the termination date and the ground, and gives at least the minimum notice period. Since 19 May 2025 a landlord must have a valid reason, must give a termination information statement with every notice and, for grounds such as sale, renovation or moving in, must also give the supporting documents the Regulation lists.

   Typical timeframe: Immediate to 90 days depending on the ground

5. 05Applying to NCAT

   File the application online or at a registry and pay the fee. As at 1 July 2026 the fee for residential proceedings is $64, or $16 if you are eligible for the reduced fee. Applications about a breach of the agreement must be made within 3 months after you became aware of the breach, and some applications have shorter limits.

   Typical timeframe: Varies; NCAT sends each party a notice of the hearing date

6. 06Conciliation and hearing

   Tenancy matters are first listed for conciliation and hearing. You are asked to try to reach an agreement, and an agreement you confirm becomes a binding Tribunal order. If you do not agree, the matter is heard that day if time permits or listed for a later hearing. Orders can be made even if only one party attends.

   Typical timeframe: Often the same day; otherwise a later hearing date

7. 07Orders, warrants and enforcement

   The Tribunal can order money, repairs, rent reductions, termination and possession. If a tenant does not leave by the date in a possession order, the landlord can request a warrant for possession within 30 days after that date, and a Sheriff's Officer carries it out. Money orders are enforced by registering a certified copy in the Local Court.

   Typical timeframe: Days to weeks

Tenancy matters in NSW are designed to be cheap to run. As at 1 July 2026 the NCAT application fee for residential proceedings is $64, or $16 if you are eligible for the reduced fee (for example as a pensioner or with a grant of legal aid), and $128 for a company. Fees are reviewed each year, so check the NCAT fees page before you apply. In NCAT's Consumer and Commercial Division each side generally pays its own costs. The Tribunal can order one side to pay the other's costs only in limited cases, such as special circumstances or some claims over $10,000. Parties need the Tribunal's permission to be represented, and most renters appear for themselves with help from a tenants' advocate beforehand. Free help is available from local tenancy advocacy services (TAAS), listed on the Tenants' Union of NSW website, and from LawAccess NSW. NSW Fair Trading's complaint service is free and can resolve many disputes without a hearing.