NSW Residential Tenancies Act 2010: Guide for Landlords

This guide covers the NSW Residential Tenancies Act 2010 for residential landlords. It does not cover tenancy laws in other Australian states, commercial or retail tenancy law, social housing legislation, or UK or US tenancy laws.

If you’re a self-managing landlord in New South Wales, the Residential Tenancies Act 2010 is the law that governs almost everything you do — from the tenancy agreement you sign, to how you collect rent, lodge the bond, access the property, increase the rent, and end the tenancy. It applies whether you use a property manager or manage the property yourself.

The Act was significantly amended in 2024 by the Residential Tenancies Amendment Act 2024, with reforms rolling out in stages from October 2024 through to March 2026. If you haven’t kept up with the changes, there’s a good chance you’re already non-compliant on at least one obligation.

This guide gives you a plain-English overview of the Act as it stands today, what changed in the 2024–2026 reforms, and where to find detailed guidance on each topic. It’s designed as a starting point — each section links to a deeper Landlord Wise guide where the rules are covered in full.

If you’re looking for the practical workflow behind the Act, start with our NSW lease agreement guide, NSW rental bond guide, and NSW rent increase guide guides for this state.

What the Act Covers

The Residential Tenancies Act 2010 is the primary legislation governing residential tenancies in New South Wales. It sets out the legal framework for the relationship between landlords and tenants, covering everything from what must be in a tenancy agreement to how a tenancy can be ended.

The Act is supported by the Residential Tenancies Regulation 2019, which fills in the operational detail — prescribing the standard form tenancy agreement, the condition report template, supporting document requirements for termination notices, penalty notice amounts, and timeframes for NCAT applications.

Together, these two instruments define your obligations as a landlord. You don’t need to memorise every section, but you do need to understand which parts affect you. Here’s a breakdown of the key areas.

The Tenancy Agreement

Every residential tenancy in NSW must be in the form of a standard residential tenancy agreement prescribed by the Residential Tenancies Regulation 2019 (Schedule 1). You cannot use a generic lease template — the standard form is mandatory for all written residential tenancy agreements.

The agreement is divided into standard terms (which apply to every tenancy by law and cannot be changed) and additional terms (which you and the tenant can negotiate, provided they don’t contradict the standard terms or the Act). Under Sections 15 and 21 of the Act, any term that is inconsistent with the standard form or the Act is void — even if both parties agreed to it.

Before signing, you must read, understand, and acknowledge the Landlord Information Statement — a mandatory disclosure document that sets out your obligations. The tenant must be given a Tenant Information Statement explaining their rights. Both are prescribed by the Regulation.

For a full walkthrough of the standard form agreement, what you can and can’t modify, and the documents you must provide at signing, see our Lease Agreement NSW guide.

Rental Bonds

Part 8 of the Act governs rental bonds. The maximum bond you can require is 4 weeks’ rent. Unlike Western Australia, NSW does not have a separate pet bond — the 4-week cap is absolute regardless of whether a pet is permitted.

Before you can even collect a bond, you must be registered as a user of Rental Bonds Online and must invite the tenant to lodge the bond directly through the system (Section 159(1A)). If the tenant declines or does not respond, you can collect the bond yourself — but it must then be deposited with the Secretary (administered through the Rental Bond Board) within 10 business days of receiving it. From 1 July 2025, landlords and agents must also complete a mandatory end-of-tenancy survey in Rental Bonds Online within 14 days of making a bond claim. Penalties apply for non-compliance.

Bond disputes that can’t be resolved by agreement can be taken to NCAT. The Tribunal’s monetary jurisdiction for bond matters is $30,000.

For the full bond process — lodgement deadlines, the claim and refund procedure, the end-of-tenancy survey, and common mistakes — see our Rental Bond NSW guide.

Rent and Payment Rules

Division 2 of Part 3 covers rent obligations. Key rules for landlords:

Rent in advance: You can require up to 2 weeks’ rent in advance, but no more (Section 33).

Payment methods: You must offer at least one approved electronic bank transfer method with no additional fees. From 2 March 2026, you must also offer Centrepay as a payment option and enable it if the tenant chooses to use it (Section 35). Centrepay is a free service operated by Services Australia that deducts rent directly from the tenant’s Centrelink payment. You cannot require the tenant to use a particular app or service provider to pay rent.

Rent receipts: You must provide a receipt for any rent payment not made by electronic funds transfer (Section 36).

Rent increases: Limited to once per 12 months for all lease types — including periodic agreements and fixed-term agreements of any length. This reform commenced on 31 October 2024 and applies to all leases, including those already in place. You must give at least 60 days’ written notice of any increase. The tenant can apply to NCAT within 30 days of receiving the notice to have the increase reviewed if they believe it is excessive.

Extra fees prohibited: You cannot charge prospective tenants any fees at the start of a tenancy, including for background checks or preparing the tenancy agreement. The only permitted charges are the holding fee (capped at 1 week’s rent), rent in advance, and the rental bond (Section 23).

For the full rules on rent increases, including how NCAT assesses excessive rent applications and what counts as a valid notice, see our Rent Increase NSW guide.

Landlord Obligations During the Tenancy

The Act sets out a range of obligations that apply throughout the tenancy. These aren’t optional — they’re terms of every residential tenancy agreement by operation of law:

Repairs and maintenance: You must provide and maintain the premises in a reasonable state of repair, having regard to the age of, rent payable for, and prospective life of the premises (Section 63). This obligation applies even if the tenant knew about the disrepair before moving in. Urgent repairs (burst pipes, gas leaks, dangerous electrical faults, serious storm damage, and others defined in Section 62) must be addressed promptly — and if the tenant arranges urgent repairs after being unable to reach you, you must reimburse them within 14 days.

Minimum standards: The premises must meet specific habitability standards at the start of the tenancy, including structural soundness, adequate ventilation and lighting, working plumbing, and functioning smoke alarms. The standard form agreement sets these out in detail.

Smoke alarms: You must ensure all smoke alarms comply with relevant legislation at the start of the tenancy, check them annually, replace batteries as required, and replace the entire unit within 10 years of manufacture (Section 64A).

Condition reports: You must complete a condition report before or when the tenancy agreement is given to the tenant for signing, and provide two hard copies or one electronic copy before or at the time the tenant signs. The tenant then has 7 days after taking possession to return a copy with any comments. If the report is signed by both parties, it is presumed to be correct unless there is evidence to the contrary. A final condition report must be completed at the end of the tenancy. The prescribed form is the residential tenancy condition report set out in Schedule 2 of the Residential Tenancies Regulation 2019.

Quiet enjoyment: You must not interfere with the tenant’s reasonable peace, comfort, or privacy (Section 50). This is a term of every agreement and penalties apply for breach.

Accessing the Property

Division 4 of Part 3 restricts when and how you can enter the rental property. You cannot enter whenever you want — even though you own it. The rules differ depending on the reason for entry:

Without notice: Only permitted in an emergency, for urgent repairs, where you have reasonable cause for serious concern about health or safety, where the property appears abandoned, or under a Tribunal order.

With 2 days’ notice: For necessary repairs or maintenance, or to assess the need for repairs.

With 7 days’ written notice: For routine inspections — limited to a maximum of 4 per 12-month period.

With reasonable notice: To show the property to prospective tenants (during the final period of the tenancy) or prospective purchasers.

Entry without consent (other than emergencies) can only occur between 8am and 8pm on any day except Sundays and public holidays, unless the tenant agrees otherwise. You must not stay longer than necessary.

Keeping Pets

Part 3, Division 8 of the Act (inserted by the 2024 reforms, commenced 19 May 2025) introduced pet-friendly provisions. Tenants can request to keep a pet using the approved form, and you must respond in writing within 21 days. If you don’t respond within 21 days, consent is automatically granted without conditions.

You can only refuse on specific grounds set out in Section 73F: the number of animals would be unreasonable (though the Regulation clarifies that four or fewer animals is not automatically unreasonable), 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 proposed.

You can impose reasonable conditions — such as requiring professional cleaning at the end of the tenancy — but you cannot increase the rent or bond as a condition. Once consent is given, it continues for the lifetime of the animal at that property, even if the landlord or agent changes. Strata by-laws that impose a blanket ban on pets are not valid grounds for refusal. Purpose-built student accommodation is exempt from these provisions.

Ending a Tenancy

Part 5 of the Act governs how tenancies end. This is the area most affected by the 2024 reforms. The key change: no-grounds terminations have been abolished as of 19 May 2025. You can no longer end a periodic tenancy — or choose not to renew a fixed-term tenancy — without providing a specific reason.

The Act now prescribes specific grounds on which a landlord can terminate, each with its own notice period and supporting documentation requirements. These include sale of the property, the landlord or a family member moving in, significant renovations or repairs that require the property to be vacant, demolition, change of use, and breach of the agreement by the tenant. Each ground has its own section in the Act (Sections 87E through 87M) and corresponding supporting document requirements in the Regulation (Clauses 23B through 23I).

A Termination Information Statement must now accompany all termination notices — this is a mandatory document prescribed by the Regulation that explains the tenant’s rights.

Re-letting restrictions also apply for certain grounds: if you terminate because you or a family member is moving in, or for renovations, you cannot re-let the property within a specified period. Providing a termination notice on a ground that is not genuine, or providing false or misleading supporting documents, is an offence.

For the full breakdown of every termination ground, notice period, required documentation, and the NCAT process, see our Eviction Notice NSW guide.

Breaking a Fixed-Term Lease Early

Section 107 of the Act establishes a mandatory break fee structure for fixed-term agreements of 3 years or less. The fee is calculated based on what stage of the agreement the tenant is at when they give notice. This replaces the old approach of negotiating compensation — for agreements of 3 years or less, the break fee is the maximum the landlord can claim (beyond rent owed up to the vacating date and any damage).

For fixed-term agreements over 3 years, or where the tenant leaves without giving notice, the standard compensation rules apply.

Tenants in domestic violence situations can terminate immediately without a break fee by giving a domestic violence termination notice with supporting documentation.

For the complete break fee structure, tenant obligations, and what you can and can’t claim, see our Break Lease NSW guide.

The 2024–2026 Reforms: What Changed and When

The Residential Tenancies Amendment Act 2024 passed Parliament on 24 October 2024 and commenced in stages. Here’s what changed and when:

31 October 2024

Rent increases limited to once per 12 months for all lease types. Previously, fixed-term agreements under 2 years could include more frequent increases. The change applies to all leases, including those already in place — though rent cannot be increased for fixed-term leases under 2 years that were entered into before 13 December 2024, unless a rent increase was validly written into the agreement.

Extra fees prohibited at the start of a tenancy. You cannot charge prospective tenants for background checks, preparing the agreement, or any other fees beyond the holding fee, rent in advance, and the bond.

19 May 2025

No-grounds terminations ended. Landlords must now provide a specific reason and supporting documentation to end a tenancy. The Act prescribes the permissible grounds, notice periods, and required supporting documents for each.

Pet-friendly reforms commenced. Tenants can request to keep a pet using the approved form. Landlords must respond within 21 days or consent is automatically granted. Refusal is only permitted on prescribed grounds.

Termination Information Statement required. All termination notices must now be accompanied by the prescribed Termination Information Statement.

Re-letting restrictions introduced. Landlords cannot re-let the property within a specified period after terminating on certain grounds.

Bank transfer required as a rent payment method. Landlords must offer at least one fee-free electronic bank transfer option.

20 June 2025

Additional supporting document requirements for renovation/repair terminations. Clause 23D of the Regulation was substituted to require more detailed supporting documentation — including builder quotations, owner-builder permits, development consents, or owners corporation approvals — when terminating on the grounds of significant renovations or repairs.

1 July 2025

Mandatory end-of-tenancy survey in Rental Bonds Online. Landlords and agents must complete a survey within 14 days of making a bond claim, providing information about who ended the tenancy and why. NSW Fair Trading can issue a penalty notice for non-compliance.

2 March 2026

Centrepay mandatory. Landlords and agents must 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.

NCAT: How Tenancy Disputes Are Resolved

The NSW Civil and Administrative Tribunal (NCAT) handles tenancy disputes in New South Wales. This is the equivalent of a court for rental matters — but with lower costs, simpler procedures, and faster turnaround.

NCAT can make orders on a wide range of matters, including bond disputes (up to $30,000), rent disputes, repair orders, compensation claims, termination orders, and applications to declare terms of an agreement void. For non-bond matters, the Tribunal’s general monetary jurisdiction is $15,000.

Either party — landlord or tenant — can apply to NCAT. Timeframes for applications are prescribed by the Regulation (Clause 39) and vary depending on the type of dispute. For example, a tenant must apply to challenge a rent increase within 30 days of receiving the notice. A landlord seeking a termination order after the tenant doesn’t vacate must apply within the prescribed period for the relevant ground.

NCAT decisions can be appealed to the NCAT Appeal Panel. The Tribunal also has the power to make orders about costs, though costs are not routinely awarded in residential tenancy matters.

NSW Fair Trading: Compliance and Enforcement

NSW Fair Trading administers the Residential Tenancies Act 2010 and is responsible for enforcement. If you breach the Act, Fair Trading can investigate and take action — including issuing penalty notices for prescribed offences.

Following the 2024 reforms, a dedicated Rental Taskforce was established within Fair Trading with inspectors and compliance officers focused specifically on preventing and responding to breaches of rental laws. This means enforcement is more active than it has historically been.

Penalty notice amounts for common landlord offences are set out in Schedule 4 of the Residential Tenancies Regulation 2019. Penalties vary depending on the offence — breaches related to termination notices (such as giving a notice on a ground that is not genuine, or providing false or misleading supporting documents) carry significantly higher penalties than administrative breaches like failing to lodge a bond on time. Corporations face substantially higher penalties than individuals for the same offence.

The maximum monetary penalty the Local Court can impose for offences under the Act is 650 penalty units (as prescribed by Clause 40A of the Regulation).

Fair Trading also operates the Rental Bonds Online system, manages the Rental Bond Board, and publishes guidance materials including the Landlord Information Statement, Tenant Information Statement, and Termination Information Statement.

If you have a question about your obligations, Fair Trading can be contacted on 13 32 20 (Monday to Friday, 8:30am–5pm) or through the complaints and enquiries page on nsw.gov.au.

How NSW Differs from Western Australia

If you’re familiar with rental law in WA, there are several important differences to be aware of in NSW:

Bond limits: NSW caps the bond at 4 weeks’ rent with no separate pet bond. WA allows a pet bond of up to $350 on top of the standard 4-week bond.

No-grounds terminations: NSW has abolished no-grounds terminations entirely — landlords must provide a specific reason. WA still permits no-grounds terminations in certain circumstances.

Bond administration: NSW uses the Rental Bond Board and Rental Bonds Online. WA uses the Bond Administrator through the Department of Mines, Industry Regulation and Safety.

Dispute resolution: NSW uses NCAT (the NSW Civil and Administrative Tribunal). WA uses the Magistrates Court for tenancy disputes.

Administering body: NSW Fair Trading administers tenancy law in NSW. Consumer Protection WA administers tenancy law in WA.

Centrepay: NSW landlords must offer Centrepay as a rent payment option from 2 March 2026. WA has no equivalent requirement.

Break fees: NSW has a mandatory break fee structure for fixed-term agreements of 3 years or less, based on the stage of the agreement. WA uses a different calculation method.

Pet provisions: NSW requires landlords to respond to pet requests within 21 days (or consent is automatic) and limits refusal to prescribed grounds. WA requires a response within 14 days and uses a different process involving the Commissioner for Consumer Protection.

For a detailed comparison on any specific topic, see the corresponding WA and NSW guides linked throughout this page.

All NSW Landlord Guides

Here are all the Landlord Wise guides covering NSW tenancy law:

• Lease Agreement NSW — The standard form tenancy agreement, what you must include, documents to provide at signing, and what terms you can and can’t modify.

• Rental Bond NSW — Bond limits, lodgement deadlines, Rental Bonds Online, the claim and refund process, the end-of-tenancy survey, and common bond mistakes.

• Eviction Notice NSW — Every termination ground, notice periods, required supporting documents, the Termination Information Statement, re-letting restrictions, and the NCAT process.

• Break Lease NSW — The mandatory break fee structure, tenant obligations, what you can and can’t claim, and domestic violence termination provisions.

• Rent Increase NSW — Frequency limits, notice requirements, NCAT review process, and how the 2024 reform changed the rules for all lease types.

• Condition Report NSW — The prescribed form, what every section requires, fair wear and tear, and how the condition report connects to bond disputes.

• How to Evict a Tenant NSW — Step-by-step walkthrough of the eviction process from confirming your ground to obtaining a Sheriff’s warrant.

• Landlord Rights NSW — Your rights under the Act covering access, repairs, rent increases, terminations, pets, and dispute resolution.

• Self-Managing a Rental Property NSW — The complete overview for self-managing landlords in NSW covering every stage of the tenancy lifecycle.

For the most common landlord workflows in practice, our NSW condition report guide, NSW eviction notice guide, and NSW break lease guide guides are the next pages to keep close by.

Frequently Asked Questions About the Residential Tenancies Act NSW

What is the Residential Tenancies Act 2010? The Residential Tenancies Act 2010 is the primary legislation governing residential tenancies in New South Wales. It sets out the rights and obligations of landlords and tenants, the rules for rent, bonds, repairs, access, terminations, and dispute resolution. It applies to almost all residential tenancies in NSW, whether managed by an agent or self-managed by the landlord.

What legislation supports the Act? The Residential Tenancies Regulation 2019 supports the Act by prescribing the standard form tenancy agreement, the condition report template, supporting document requirements for termination notices, penalty notice amounts, and timeframes for NCAT applications. The Regulation was amended by the Residential Tenancies Amendment Regulation 2025 to implement aspects of the 2024 reforms.

When did the NSW rental reforms start? The Residential Tenancies Amendment Act 2024 passed Parliament on 24 October 2024. Reforms commenced in stages: rent increase limits and extra fee prohibitions from 31 October 2024, no-grounds termination abolition and pet reforms from 19 May 2025, additional renovation documentation requirements from 20 June 2025, the mandatory end-of-tenancy survey from 1 July 2025, and mandatory Centrepay from 2 March 2026.

Can I still end a tenancy without a reason in NSW? No. Since 19 May 2025, no-grounds terminations have been abolished in NSW. You must provide a specific reason from the prescribed list of grounds in the Act, along with supporting documentation and a Termination Information Statement. It is an offence to give a termination notice on a ground that is not genuine or to provide false or misleading supporting documents.

What is NCAT and how does it handle tenancy disputes? The NSW Civil and Administrative Tribunal (NCAT) resolves tenancy disputes in NSW. Either landlord or tenant can apply. NCAT handles bond disputes (up to $30,000), rent disputes, repair orders, compensation claims, termination orders, and more. It operates with lower costs and simpler procedures than a court. Timeframes for applications are prescribed by the Regulation and vary by dispute type.

What is the role of NSW Fair Trading in rental law? NSW Fair Trading administers the Residential Tenancies Act 2010, operates Rental Bonds Online and the Rental Bond Board, publishes mandatory information statements, and enforces compliance. A dedicated Rental Taskforce was established following the 2024 reforms to focus on preventing and responding to breaches of rental laws. Fair Trading can investigate complaints and issue penalty notices for prescribed offences.

Do I need to offer Centrepay to my tenant? Yes. From 2 March 2026, landlords and agents must offer Centrepay as a rent payment option and enable payment by this method if the tenant chooses it. Centrepay is a free service operated by Services Australia that deducts rent directly from the tenant’s Centrelink payment. This is in addition to the requirement to offer fee-free bank transfer.

What happens if I breach the Act? NSW Fair Trading can investigate and take enforcement action. For prescribed offences, authorised officers can issue penalty notices with amounts set by the Regulation. Penalties for serious offences — such as giving a termination notice on a ground that is not genuine — are significantly higher than for administrative breaches, and corporations face substantially larger penalties than individuals. More serious matters can be prosecuted in the Local Court, where the maximum penalty is 650 penalty units. NCAT can also make orders including compensation, termination, and declarations that terms are void.

Summary

The Residential Tenancies Act 2010 is the legal foundation of every residential tenancy in New South Wales. The 2024–2026 reforms significantly changed how tenancies can be ended, how pets are handled, how rent can be increased, and what payment methods you must offer. NSW Fair Trading is actively enforcing these changes through a dedicated Rental Taskforce.

As a self-managing landlord, understanding the Act isn’t optional — it’s the difference between operating legally and facing penalty notices, NCAT orders, or unenforceable agreements. The guides linked throughout this page cover each topic in detail, grounded in the source legislation.

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

Compare tenancy law guides in other states

• WA residential tenancies act guide
• QLD rental laws guide
• VIC residential tenancies act guide
• SA residential tenancies act guide
• Tasmania residential tenancy act guide
• ACT residential tenancies act guide