Comply with Residential Tenancies Act 2010 (NSW)
Landlords + agents must lodge bonds with Rental Bond Board + comply with notice + minimum standards.
Who must comply
Landlords of residential rental properties in New South Wales and the real estate agents and property managers acting for them, including self-managing landlords using Rental Bonds Online. Social housing landlords are also covered, with a rent-rebate exception to the once-a-year increase rule.
What triggers it
Advertising a property, selecting a tenant, signing a residential tenancy agreement in NSW, taking a bond, increasing rent, or ending a tenancy.
When due
Bond lodged with NSW Fair Trading through Rental Bonds Online (offered to the tenant as the first option); no rent increase in the first 12 months or within 12 months of the last increase, with 60 days' written notice; termination notices served with the notice period required for the ground (calendar days, plus 7 working days if posted).
Evidence required
Signed residential tenancy agreement; Rental Bonds Online lodgement and receipt; rent increase notices showing the new rent amount and start date; termination notices stating the ground, with supporting documents and the termination information statement; proof of the method and date of service for each notice; records of tenant selection and advertising.
Max penalty
The Act creates offences for ending a tenancy on a ground that is not genuine and for giving false or misleading supporting documents or information (NSW Fair Trading accepts complaints on both). Where a rent increase is excessive NCAT can set the rent for the next 12 months, and a tenant can ask NCAT to challenge a termination notice given without the correct process. Offence penalty amounts were not verified for this entry; check the Act on legislation.nsw.gov.au
Who must comply with this? The applicability test by industry, business structure and size.
Summary
The Residential Tenancies Act 2010 (NSW) sets the rules for residential tenancy agreements between landlords, their agents and tenants, administered by NSW Fair Trading with disputes decided by the NSW Civil and Administrative Tribunal (NCAT). Rental bonds are held by NSW Fair Trading, lodged through Rental Bonds Online, and cannot exceed 4 weeks' rent; rent in advance is capped at 2 weeks. Since 31 October 2024 rent can be increased only once every 12 months, with at least 60 days' written notice. Since 19 May 2025 landlords need a valid ground to end a tenancy and face limits on refusing pets: every landlord termination notice must state the ground, attach any required supporting documents, and come with the approved termination information statement. Landlords may choose the most suitable applicant but must not unfairly discriminate, and tenants cannot be required to use third-party apps to pay rent.
Enforced by
Source legislation
Topics
Related
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- NSWComply with NSW Design and Building Practitioners Act 2020Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.
Frequently asked questions
- Who must comply with Residential Tenancies Act 2010 (NSW)?
- Landlords of residential rental properties in New South Wales and the real estate agents and property managers acting for them, including self-managing landlords using Rental Bonds Online. Social housing landlords are also covered, with a rent-rebate exception to the once-a-year increase rule.
- What triggers Residential Tenancies Act 2010 (NSW)?
- Advertising a property, selecting a tenant, signing a residential tenancy agreement in NSW, taking a bond, increasing rent, or ending a tenancy.
- When is Residential Tenancies Act 2010 (NSW) due?
- Bond lodged with NSW Fair Trading through Rental Bonds Online (offered to the tenant as the first option); no rent increase in the first 12 months or within 12 months of the last increase, with 60 days' written notice; termination notices served with the notice period required for the ground (calendar days, plus 7 working days if posted).
- What is the maximum penalty for Residential Tenancies Act 2010 (NSW)?
- The Act creates offences for ending a tenancy on a ground that is not genuine and for giving false or misleading supporting documents or information (NSW Fair Trading accepts complaints on both). Where a rent increase is excessive NCAT can set the rent for the next 12 months, and a tenant can ask NCAT to challenge a termination notice given without the correct process. Offence penalty amounts were not verified for this entry; check the Act on legislation.nsw.gov.au
- What evidence is required for Residential Tenancies Act 2010 (NSW)?
- Signed residential tenancy agreement; Rental Bonds Online lodgement and receipt; rent increase notices showing the new rent amount and start date; termination notices stating the ground, with supporting documents and the termination information statement; proof of the method and date of service for each notice; records of tenant selection and advertising.
Source: https://www.nsw.gov.au/housing-and-construction/rules/giving-notice-to-end-a-residential-tenancy. Rules Mate is not a law firm. Always verify against the live regulator source before acting.