NSW Residential Lease Checklist: Mandatory Landlord Disclosures

In New South Wales, residential tenancies are governed by the Residential Tenancies Act 2010 (RTA) and the Residential Tenancies Regulation 2019. The Act gives tenants significant protections — but only if you know what you are entitled to. This checklist covers the key things to verify before signing an NSW residential tenancy agreement.

The Standard Form Residential Tenancy Agreement

Since 2015, all NSW residential tenancy agreements must use the mandatory standard form prescribed by NSW Fair Trading. Any additional special conditions added by a landlord or agent must still comply with the RTA — any clause that is inconsistent with the Act is void. If you are given a non-standard form, or a form that significantly modifies your statutory rights, question it before signing.

Bond (Security Deposit) Rules

In NSW, the bond is capped at four weeks' rent (for rent under $900 per week). If the weekly rent is $900 or more, there is no cap. The bond must be lodged with NSW Fair Trading (via the Rental Bonds Online system) within 10 days of the landlord receiving it. You can check whether your bond has been lodged using the NSW Fair Trading Bond Reference Number.

The Condition Report

Your landlord must provide you with a completed condition report before or at the time you move in. This is a detailed room-by-room record of the property's condition. You should:

1. Review the report thoroughly
2. Walk through the property and note any discrepancies
3. Return the report with your amendments within three business days
4. Keep a copy (ideally with your own photographs appended)

The condition report is your primary evidence at the end of the tenancy if the landlord tries to claim from your bond for damage. If your condition report is not given to you, or if it is incomplete, document this in writing to your landlord immediately.

Mandatory Disclosures Before Signing

Under Schedule 1 of the Residential Tenancies Act 2010, landlords must disclose specific matters to prospective tenants before entering into a tenancy agreement. These include:

• Whether the property is subject to a mortgage where the lender has not given consent to lease
• Whether the property is subject to a contract of sale
• Whether the property is the subject of any proposed compulsory acquisition, zoning change, or development application that would affect the tenant
• Whether there are any significant health or safety risks known to the landlord

Rent Increases in NSW

During a fixed-term agreement, rent can only be increased if the amount of the increase (or the method of calculating it) is written into the tenancy agreement. For periodic agreements (after the fixed term), the landlord must give at least 60 days' written notice of a rent increase. Rent cannot be increased more than once in any 12-month period. As of 2023, there have been proposals in NSW to cap rent increases — check current Fair Trading guidance for the latest position.

Termination Rights for Tenants

NSW tenants can end a tenancy in several ways:

• At end of fixed term: Give 14 days' written notice before or at the end of the fixed term (21 days' notice for periodic tenancies)
• Hardship: Apply to NCAT (NSW Civil and Administrative Tribunal) to end the tenancy early due to financial hardship or domestic violence
• Breach by landlord: If the landlord seriously breaches the agreement, NCAT can terminate
• Domestic violence: Immediate termination rights for domestic violence victims under the Residential Tenancies Act 2010

Landlord Entry Rights

In NSW, landlords must give proper written notice before entering. For inspections, 7 days' notice is required (inspections limited to 4 times per year). For repairs and maintenance, 2 days' notice. Emergency entry is permitted without notice. Any lease clause granting the landlord broader entry rights than the Act allows is void.