Starting your tenancy

Before you sign a tenancy agreement, the landlord or agent must give you a Tenant information statement and disclose a range of material facts to you about the property. If the property is part of a strata scheme, there are additional requirements, including providing you with a copy of the strata scheme’s by-laws. If your landlord or agent doesn’t comply with their disclosure obligations, you can end your tenancy agreement and apply to the NSW Civil and Administrative Tribunal (NCAT) (‘the Tribunal’) for orders such as your holding fee being refunded, or to have any term of the agreement made invalid due to being inconsistent with the law.

Payments

Before signing the agreement, you may have been asked to pay a holding fee (one week’s rent), plus one or 2 weeks’ rent in advance, plus a bond (up to 4 weeks’ rent). Make these payments by bank transfer so you have records of all payments. Name each transaction so it’s obvious what it’s for, for example ‘rent to (landlord’s full legal name)’.

By law, the agent or landlord must offer you the option of lodging your bond online with the NSW government service Rental Bonds Online. This requires your email address for registration, and is the safest method of lodging bond. You’ll receive a bond deposit receipt with an ID number and password – you’ll need this when you move out and want to claim the refund of your bond payment.

What should be included in a residential tenancy agreement?

The agreement must be written and must be signed by both parties (the landlord or agent and you, the tenant/s). If you’re not using the standard residential tenancy agreement, your agreement must include at least the following:

• date the agreement starts and ends
• address of the property for rent
• full legal names of all the people involved in renting the property to you (such as the landlord, proprietor, head tenant and/or real estate agent)
• your full name and that of any other people renting the room or property
• contact details of all the people involved in renting you the property (address, phone number and email address)
• your contact details, and those of anyone else renting the room or property (phone number and email address)
• amount of bond or security deposit paid
• holding fee (if one has been paid)
• amount of rent owed weekly
• how and when the rent is to be paid
• for repairs and maintenance: it must include a repair person or licensed tradesperson who can be called in an emergency if the landlord, proprietor, head tenant and/or real estate agent is not available
• an acknowledgement from your landlord or their agent that they’ve read and understood the Landlord information statement.

Residential tenancy agreements should be in English

We recommend that you use the standard residential tenancy agreement from NSW Fair Trading.

If you and your landlord don’t use the standard agreement, make sure that your agreement is written in English. This is important even if you and your landlord, agent or head tenant use another language.

A contract in English is necessary to get advice in Australia, should a disagreement occur. If you do have a disagreement, and your case goes to the Tribunal, you will only be able to present documentation that is originally in English or has been translated by a NAATI-certified translator. This includes any documentation you would need to support your claims at the Tribunal, such as contracts, emails and letters. Obtaining these translations will cost you money. Avoid this situation by using an agreement in English.

Complete a condition report

Once you’ve signed the agreement, the landlord or agent must give you a property condition report to complete and return within 7 days of you taking possession of the property. A standard condition report template is available in the Residential Tenancies Regulation 2019.

It’s a good idea to take clear photos or a video of the whole property, particularly documenting any damage, and email the images or video to yourself. Make sure you title your email with the property address. Send a copy of the images via email to your agent when you return the ingoing condition report. This can be evidence if there is later a dispute over your bond when you leave.

Disclaimer

This information is current as of November 2024 and is intended as a guide to the law as it applies to people who live in or are affected by the law as it applies in NSW. It does not constitute legal advice.