Lease Agreement NSW — Guide for Self-Managing Landlords

If you’re a self-managing landlord in New South Wales, the tenancy agreement is the single most important document in your rental. Under the Residential Tenancies Act 2010, every residential tenancy in NSW must use a standard form agreement prescribed by the Residential Tenancies Regulation 2019. You cannot use a generic template from the internet — and since 19 May 2025, the standard form has included significant changes from the NSW rental law reforms.

The official form is 18 pages long, covers 55 standard clauses plus additional terms, and comes with no built-in guidance. Miss a required disclosure, fail to lodge the bond correctly, or include a prohibited term, and you could face penalties from NSW Fair Trading or find your agreement unenforceable at NCAT (the NSW Civil and Administrative Tribunal).

In this guide, we’ll cover what the NSW standard form agreement requires, what changed in the 2024–2026 reforms, the legal rules you need to know as a self-managing landlord, common mistakes to avoid, and how Landlord Wise can help you get it right.

For the broader tenancy law framework behind this agreement, see our NSW residential tenancies act guide. If you’re working through the full tenancy setup process, it also helps to read the NSW rental bond guide alongside this page.

What Is the NSW Standard Form Agreement?

The standard form residential tenancy agreement is prescribed under clause 4(1) of the Residential Tenancies Regulation 2019 and set out in Schedule 1 of that Regulation. It is the only form that can be used for written residential tenancies in NSW. Under section 22 of the Residential Tenancies Act 2010, a landlord or landlord’s agent must ensure that any written tenancy agreement is in this standard form and does not contain any prohibited terms. The maximum penalty for failing to do so is 20 penalty units.

The form is structured in three parts.

The variable details appear at the front of the form and cover the specifics of your tenancy: landlord and tenant names and contact details, the property address, lease term (periodic or fixed), rent amount and payment frequency, payment method, rental bond amount, maximum occupants, nominated tradespeople for urgent repairs, water usage arrangements, utility arrangements (including embedded networks), smoke alarm details, strata by-laws, and whether the parties consent to electronic service of notices.

The standard terms are clauses 1 through 55. These set out the legal rights and obligations that apply to every residential tenancy in NSW — quiet enjoyment, rent payment, rent increases, rent reductions, utility charges, property condition, urgent repairs, landlord access, locks and security, fixtures and alterations, subletting, smoke alarms, swimming pools, bond administration, electronic notices, break fees, pets, and termination. You cannot alter, delete, or override any standard term. Under section 21 of the Act, any term that is inconsistent with the standard terms or prohibited by the Act is void.

The additional terms section allows you to include extra terms specific to your property or arrangement, but only if both parties agree, the terms do not conflict with the Act, Regulation, or any other Act, and the terms do not conflict with the standard terms. Additional terms are not required by law and are negotiable. Pet-specific additional terms (clauses 56–59) have their own section covering carpet cleaning, fumigation, and outdoor animals — these can only be included if reasonable for the type of animal and the premises.

What You Must Provide at Signing

The standard form agreement is not the only document you need. The Residential Tenancies Act 2010 and the Landlord Information Statement published by NSW Fair Trading set out a specific list of documents you must give your tenant before or at signing.

Before or at the time the tenant signs the agreement, you must provide a copy of the proposed tenancy agreement filled out in the spaces provided, two hard copies (or one electronic copy) of the completed condition report, a copy of the Tenant Information Statement published by NSW Fair Trading, and — if the property is in a strata scheme — a copy of the applicable by-laws.

At the time the agreement is signed, you must provide a copy of the valid certificate of compliance or occupation certificate for any swimming pool or spa on the property (issued within the last three years). This does not apply if the property is in a strata or community scheme with more than two lots.

At or before the start of the tenancy, you must give each tenant named in the agreement a copy of the key (or other opening device or information) to access any lock or security device for the rented property or common property, at no cost.

The Landlord Information Statement has a separate requirement. The agreement itself includes a section where the landlord must sign acknowledging that they have read and understood the Landlord Information Statement before signing. This is not optional — it is built into the prescribed form.

Penalties apply if any of these requirements are not met.

What You Must Disclose Before Signing

Before signing a tenancy agreement, you or your agent must disclose certain material facts to the tenant. You must tell the tenant if the property is planned to be sold, is subject to court proceedings where the mortgagee is trying to take possession, or is in a strata scheme where a strata renewal committee has been established.

You must also not make false or misleading representations — or knowingly conceal — that the property has been subject to flooding or bushfire in the last five years, has significant health or safety risks not obvious on inspection, has been the scene of a serious violent crime in the last five years, is listed on the loose-fill asbestos insulation register, has been used to manufacture prohibited drugs in the last two years, is in a building with fire safety or cladding rectification orders, is in a strata scheme where rectification or major repairs will occur during the fixed term, is affected by zoning that prevents parking permits, has different council waste services, or has a shared driveway or walkway.

Penalties apply for failure to disclose any of these matters. They are prescribed as material facts under clause 8 of the Residential Tenancies Regulation 2019 and section 26 of the Act.

Bond Rules at the Start of the Tenancy

The rental bond in NSW is subject to strict limits. The maximum bond is four weeks’ rent — there is no pet bond in NSW (unlike WA). Only one bond can be taken per tenancy agreement, and the bond must be in the form of money, not a guarantee. You cannot take a bond before the tenancy agreement is signed.

The only costs you can charge a tenant at the start of a tenancy are: a holding fee (deposit) of no more than one week’s rent, up to two weeks’ rent in advance, and up to four weeks’ rent for the rental bond. For agreements of three years or more, you can also charge a fee for registration with NSW Land Registry. You must not charge for preparing the tenancy agreement, giving keys, or any other start-of-tenancy costs.

All rental bonds must be lodged with NSW Fair Trading. You must offer the tenant the option to lodge the bond directly through Rental Bonds Online (RBO) — and you must be registered with RBO to do so. If the tenant chooses not to use RBO, you can use a paper lodgement form. If the bond is paid to you directly, you must deposit it with NSW Fair Trading within 10 working days. If paid to your agent, the agent must deposit it within 10 working days after the end of the month in which it was paid. Penalties apply for late or non-lodgement.

You and the tenant can agree for the bond to be paid in instalments after the agreement is signed.

For more detail on bond lodgement, claims, and disputes, see our Rental Bond NSW guide.

Rent Payment Rules

How Rent Must Be Paid

You must offer the tenant the option to pay rent by an approved electronic bank transfer method (such as direct debit, bank transfer, or BPAY). This method must be free of charge to the tenant, other than charges ordinarily imposed by the tenant’s own bank.

In Landlord Wise, the product payment flows are different from that legal list: automated rent collection uses PayTo, tenant-initiated bill payments use PayID, and landlord subscriptions use Global Payments credit card processing.

From 2 March 2026, you must also offer the tenant the option to pay rent by Centrepay — the Commonwealth Government’s deduction service. If the tenant chooses Centrepay, you must enable payment by that method. You cannot charge fees or pass on costs incurred for rent payments made by bank transfer or Centrepay.

You and the tenant may agree on a different payment method in addition to these, but you cannot require the tenant to use a specific service provider to pay rent. The tenant cannot be required to pay more than two weeks’ rent in advance.

Rent Increases

Rent can only be increased once in any 12-month period — this applies to all lease types, including periodic agreements and fixed-term agreements. This rule commenced on 31 October 2024 as part of the NSW rental reforms.

To increase rent, you must give the tenant at least 60 days’ written notice specifying the increased amount and the day from which it is payable. The 12-month restriction applies across renewals: if the agreement is a renewal or replacement of a previous agreement with the same landlord and at least one of the same tenants, and the tenant occupied the premises immediately before, the 12-month period includes time under the previous agreement.

Tenants can apply to NCAT to challenge a rent increase they consider excessive.

For more detail on rent increase rules and the NCAT process, see our Rent Increase NSW guide.

Condition Report

A condition report must be completed by or on behalf of the landlord before or when the agreement is given to the tenant for signing. The prescribed form is set out in Schedule 2 of the Residential Tenancies Regulation 2019. You must give the tenant two hard copies, or one electronic copy, of the completed condition report.

The tenant must complete and return a copy of the condition report within seven days after taking possession of the property. You must keep a copy of the completed report. If the tenant does not complete and return the report within seven days, this weakens their position in any future bond dispute — but it does not relieve you of your obligation to complete your part before signing.

The condition report is your primary evidence in bond disputes. If you do not complete it thoroughly, you have limited grounds to claim against the bond for damage at the end of the tenancy.

The 2024–2026 NSW Rental Reforms — What Changed

NSW underwent its most significant rental law reform in a decade. The Residential Tenancies Amendment Act 2024 was assented to on 31 October 2024, and reforms have been rolling out in stages. Here is what has changed and what it means for your tenancy agreement.

No-Grounds Terminations Abolished (19 May 2025)

Landlords can no longer end a tenancy without providing a specific reason. Every termination notice must now state a genuine ground — such as sale of the property requiring vacant possession, the landlord or their family moving in, significant renovations, demolition, or breach of the agreement. The ground must be genuine, and supporting documentation must be provided with the notice.

It is an offence to give a termination notice on a ground that is not genuine, or to provide false or misleading supporting documents. If the landlord terminates on certain grounds (such as sale or renovation), re-letting restrictions apply — the landlord cannot re-let the property within a specified period.

A Termination Information Statement must now accompany all termination notices.

For detail on termination grounds, notice periods, and the NCAT process, see our Eviction Notice NSW guide.

Pet-Friendly Reforms (19 May 2025)

Tenants can now request to keep a pet using the NSW Fair Trading approved form. You must respond in writing within 21 days. If you do not respond within 21 days, consent is automatically granted without conditions.

You can only refuse on specific grounds set out in section 73F of the Act: the number of animals would be unreasonable (the Regulation clarifies that four or fewer animals is not an unreasonable number — above four, the question depends on the circumstances), the premises are unsuitable due to fencing, lack of open space, or animal welfare concerns, the animal is likely to cause damage exceeding the bond amount, you live at the property, keeping the animal would contravene a law, council order, or strata by-law, or the tenant did not agree to a reasonable condition.

You can impose reasonable conditions — such as requiring professional carpet cleaning or fumigation at the end of the tenancy if the animal was kept inside — but you cannot increase the rent or bond as a condition. Any unreasonable condition is void. Once consent is given, it continues for the lifetime of the animal at that property, even if the landlord or agent changes.

A strata by-law can only be used as a ground for refusal if it has legal effect. Under the Strata Schemes Management Act 2015, by-laws that impose blanket bans on all pets may not have legal effect — if this applies to your property, seek specific legal advice before relying on a by-law as a ground for refusal. Purpose-built student accommodation is exempt from these pet provisions.

Rent Increases Limited (31 October 2024)

Rent increases are now limited to once per 12 months for all lease types. Previously, this restriction only applied to periodic leases and fixed-term leases of two years or more. The change applies to all leases, including those in place before the reform commenced — though rent cannot be increased for fixed-term leases under two years that were entered into before 13 December 2024, unless a rent increase was validly written into the agreement.

Extra Fees Prohibited (31 October 2024)

You cannot charge prospective tenants fees at the start of a tenancy, including fees for background checks or preparing the tenancy agreement. The only permitted charges are the holding fee, rent in advance, and the rental bond (plus registration fees for agreements over three years).

Centrepay Mandatory (2 March 2026)

Landlords and agents must now offer Centrepay as a rent payment option and enable payment by this method if the tenant chooses it. This is in addition to the existing requirement to offer bank transfer. You cannot charge fees or pass on costs for Centrepay payments.

End-of-Tenancy Survey (1 July 2025)

NSW Fair Trading now collects information about why tenancies end through Rental Bonds Online. When a bond claim is made, landlords and agents must complete a mandatory survey. The survey asks who ended the tenancy and why. Penalties apply for non-compliance.

Break Fees for Fixed-Term Agreements

If a tenant ends a fixed-term agreement early (for agreements of three years or less), mandatory break fees apply based on how far into the lease they are:

• Less than 25% of the fixed term has expired — 4 weeks’ rent
• 25% or more but less than 50% — 3 weeks’ rent
• 50% or more but less than 75% — 2 weeks’ rent
• 75% or more — 1 week’s rent

The break fee is the maximum compensation you can claim for early termination of a fixed-term agreement of three years or less (plus any occupation fee for goods left on the premises). You do not need to mitigate your loss for these agreements — the break fee replaces the common law mitigation obligation.

The break fee does not apply if the tenant terminates for a permitted reason under the Act (such as breach by the landlord, destruction of the premises, domestic violence, or an offer of social housing or aged care).

For fixed-term agreements of more than three years, the break fee structure does not apply — instead, the landlord must mitigate their loss, and compensation is determined by the Tribunal.

For more detail, see our Break Lease NSW guide.

Landlord Access to the Property

The standard terms set out specific rules about when you can enter the property. You (or your agent or authorised person) may only enter in the following circumstances:

In an emergency or for urgent repairs — no notice required. If NCAT orders access — no notice required. If you believe the property is abandoned, or there is serious concern about the tenant’s health — no notice required (though a reasonable attempt to get consent must be made for health concerns). To inspect the property — at least 7 days’ written notice, and no more than 4 inspections in any 12-month period. To carry out or assess necessary repairs — at least 2 days’ notice. For statutory health and safety work — at least 2 days’ notice. To show the property to prospective tenants — reasonable notice, only during the last 14 days of the agreement. To value the property — 7 days’ notice, no more than once per 12 months. To take photographs for advertising — reasonable notice, once in 28 days before marketing starts.

Entry under most of these grounds cannot occur on Sundays or public holidays (unless the tenant agrees), and must be between 8am and 8pm unless the tenant agrees otherwise. The person must not stay longer than necessary.

Electronic Signing and Service of Notices

The tenancy agreement can be signed electronically. Section 9 of the Electronic Transactions Act 2000 allows electronic signatures if both parties consent, and the signature must comply with Division 2 of Part 2 of that Act.

Notices and other documents can be served by email, but only if the receiving party has given express consent and nominated a specific email address. Either party can withdraw consent to electronic service at any time by notifying the other in writing. If there are multiple tenants, all tenants should agree on a single email address to ensure co-tenants receive notices at the same time.

Strata Properties

If your property is in a strata scheme, you must notify the owners corporation in writing within 14 days after a new tenancy agreement starts. The notification must include the tenant’s name and contact address.

You must provide tenants with a copy of the strata by-laws before they enter into the agreement (for properties under the Strata Schemes Management Act 2015) or within 7 days (for properties under community scheme legislation).

If the owners corporation is responsible for smoke alarm repair and replacement in your lot, the smoke alarm obligations in the standard terms shift accordingly — you should note this in the agreement.

How Landlord Wise Helps NSW Landlords

Landlord Wise is open to NSW landlords. Register free to set up your property, upload existing leases, and manage tenancy documents in one place.

The NSW tenancy workflows are being prepared for final rollout. In the meantime, use Landlord Wise to organise property records, upload existing leases and supporting documents, track rent, and keep tenancy evidence together alongside the current NSW Fair Trading forms.

If arrears escalate beyond the agreement stage, our NSW eviction notice guide guide explains the notice process step by step. If the tenancy later ends early, our NSW break lease guide guide covers ending a fixed term before the scheduled date.

Common Mistakes Landlords Make with the NSW Tenancy Agreement

These are the errors that most commonly lead to penalties, failed NCAT claims, or unenforceable terms.

Not Using the Standard Form

The standard form agreement is mandatory. A generic lease template — even one labelled “NSW” — is not legally sufficient. Under section 22 of the Act, using a non-prescribed form is an offence carrying a maximum penalty of 20 penalty units. The current standard form commenced on 19 May 2025 and was last updated on 17 December 2025.

Forgetting the Landlord Information Statement Acknowledgment

The agreement includes a separate signature block where the landlord must acknowledge they have read and understood the Landlord Information Statement. This is not the same as signing the agreement itself — it is a separate acknowledgment built into the prescribed form. Skipping it is a compliance failure.

Not Providing the Tenant Information Statement

You must give the tenant a copy of the Tenant Information Statement published by NSW Fair Trading before or when they sign. The tenant also signs an acknowledgment in the agreement confirming they received it. Failing to provide it is a breach of your obligations.

Including Prohibited Terms

Section 19 of the Act prohibits specific types of terms. You cannot include a term requiring the tenant to have carpets professionally cleaned at the end of the tenancy (unless it is a reasonable condition attached to a pet consent), requiring the tenant to take out insurance, exempting you from liability for your acts or omissions, requiring the tenant to pay remaining rent or liquidated damages if they breach the agreement, offering a rent discount for not breaching, or requiring the tenant to use a specific service provider. Any prohibited term is void — and including one is an offence.

Adding Additional Terms That Conflict with the Standard Terms

Additional terms are allowed, but they must not conflict with the Act, the Regulation, or the 55 standard clauses. A common example: adding a term allowing more than four inspections per year, or requiring more than two weeks’ rent in advance. These are unenforceable regardless of whether the tenant signed.

Overcharging at the Start of the Tenancy

The only costs you can charge are: holding fee (maximum one week’s rent), rent in advance (maximum two weeks), and bond (maximum four weeks). Charging application fees, background check fees, lease preparation fees, or key fees is prohibited.

Failing to Lodge the Bond on Time

If the tenant pays the bond to you, you must lodge it with NSW Fair Trading within 10 working days. If paid to your agent, the agent must lodge within 10 working days after the end of the month. Late lodgement carries penalties. You must also offer the tenant the option to lodge via Rental Bonds Online.

Not Completing the Condition Report Before Signing

The condition report must be completed before or when the agreement is given to the tenant for signing — not after. If you complete it late or not at all, you weaken your position in any future bond dispute and breach your obligations under the Act.

Ignoring the Pet Application Timeline

If a tenant submits a pet application using the approved form, you must respond in writing within 21 days. If you do not, consent is automatically granted without conditions. You cannot refuse on any ground not listed in section 73F of the Act, and you cannot impose unreasonable conditions (such as increasing the rent or bond).

Frequently Asked Questions About the NSW Tenancy Agreement

Do I have to use the standard form agreement in NSW? Yes. Under section 22 of the Residential Tenancies Act 2010 and clause 4(1) of the Residential Tenancies Regulation 2019, the standard form set out in Schedule 1 of the Regulation is the prescribed form for all written residential tenancies. Using any other form is an offence with a maximum penalty of 20 penalty units.

What is the maximum bond I can charge in NSW? The maximum bond is four weeks’ rent. There is no separate pet bond in NSW — unlike WA. Only one bond can be taken per tenancy agreement, and it must be in the form of money. The bond cannot be taken before the agreement is signed.

Can I add special conditions to the agreement? Yes, but only if both parties agree, and the terms do not conflict with the Residential Tenancies Act 2010, the Residential Tenancies Regulation 2019, any other Act, or the 55 standard clauses. Any additional term that limits or varies your obligations under the Act is prohibited and void.

What documents must I give my tenant at signing? You must provide: a copy of the completed tenancy agreement, two hard copies (or one electronic copy) of the completed condition report, a copy of the Tenant Information Statement, and — if applicable — a copy of the strata by-laws and a valid pool compliance certificate. You must also sign the Landlord Information Statement acknowledgment built into the agreement.

What is the difference between a periodic and fixed-term agreement? A fixed-term agreement runs for a specific period (commonly 6 or 12 months). Once the fixed term ends, the agreement automatically continues as a periodic agreement on the same terms unless terminated. A periodic agreement has no set end date and continues until either party gives a termination notice. For periodic agreements, the tenant must give at least 21 days’ notice, and the landlord must generally give at least 90 days’ notice on a valid ground.

Can I refuse a tenant’s request to keep a pet? Only on specific grounds set out in section 73F of the Act. You must respond within 21 days using the approved form. If you don’t respond, consent is automatically granted without conditions. You cannot increase rent or bond as a condition of consent. Once given, consent continues for the lifetime of the animal at that property.

What are the break fees if my tenant ends a fixed-term lease early? For fixed-term agreements of three years or less: 4 weeks’ rent (less than 25% expired), 3 weeks’ rent (25–50%), 2 weeks’ rent (50–75%), or 1 week’s rent (75%+). For agreements over three years, the break fee structure does not apply — compensation is determined by NCAT with the landlord required to mitigate loss.

Can I end a tenancy without a reason? No. Since 19 May 2025, no-grounds terminations have been abolished in NSW. You must provide a specific ground (such as sale, renovation, demolition, landlord moving in, or tenant breach) and supporting documentation. The ground must be genuine — it is an offence to give a termination notice on a ground that is not genuine.

Do I need to offer Centrepay? Yes. From 2 March 2026, landlords and agents must offer Centrepay as a rent payment option and enable it if the tenant chooses it. You cannot charge the tenant fees or pass on costs for Centrepay payments.

Can notices be sent by email? Only if the receiving party has given express consent and nominated a specific email address, either in the agreement or separately. Either party can withdraw consent at any time by notifying the other in writing.

What happens if I use an outdated version of the standard form? The current standard form commenced on 19 May 2025. If you use a version from before this date for a new tenancy, your agreement may not reflect the current law — particularly the pet provisions, termination changes, Centrepay requirements, and rent increase rules. Some reformed terms (including the pet, rent increase, and termination clauses) automatically extend to existing agreements by operation of clause 61 of the Regulation, but new agreements should always use the current form.

If my property is in a strata scheme, do I need to notify the owners corporation? Yes. You must notify the owners corporation in writing within 14 days after a new tenancy agreement starts, providing the tenant’s name and contact address.

Summary

The NSW tenancy agreement is a legally prescribed document — not a template you can customise freely. The standard terms are fixed by law, the additional terms must not conflict with those standards, and the 2024–2026 reforms have added significant new obligations around terminations, pets, rent increases, and payment methods.

Getting it right protects you in bond disputes, NCAT proceedings, and NSW Fair Trading compliance actions. Getting it wrong can mean void terms, financial penalties, and a weakened legal position when you need it most.

Related guides for NSW landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• NSW rental bond guide
• NSW condition report guide
• NSW rent increase guide
• NSW eviction notice guide
• NSW break lease guide

Compare lease agreement guides in other states

• WA lease agreement guide
• QLD lease agreement guide
• VIC lease agreement guide
• SA lease agreement guide
• Tasmania lease agreement guide
• ACT tenancy agreement guide