Residential Tenancies Regulation 2019 (NSW)
This Regulation is the Residential Tenancies Regulation 2019.
This Regulation commences on 23 March 2020 and is required to be published on the NSW legislation website.
In this Regulation—
(a) a school, or
(b) a tertiary institution that provides formal education and is constituted by or under an Act.
(a) listed on the State Heritage Register kept under the Heritage Act 1977, or
(b) the subject of an interim heritage order or heritage agreement under that Act, or
(c) identified as items of State or local environmental heritage under an environmental planning instrument, or
(d) vested in, or controlled or managed by, the Historic Houses Trust of New South Wales.
(a) a government department, and
(b) a statutory body representing the Crown, and
(c) a State owned corporation within the meaning of the State Owned Corporations Act 1989 or a subsidiary (within the meaning of that Act),
but does not include a council.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation (other than in Schedules 1, 2 and 3) do not form part of this Regulation.
The standard form of residential tenancy agreement is the form set out in Schedule 1.
The standard form of residential tenancy agreement set out in Schedule 1, when used for a residential tenancy agreement having a fixed term of more than 3 years, must be annexed to the form approved by the Registrar-General for registration under the Real Property Act 1900.
When this Regulation is amended by altering, adding or substituting a standard form of residential tenancy agreement, the amendment does not (subject to the Act) apply to a residential tenancy agreement entered into before the commencement of the amendment.
See clauses 50 and 61 for clauses of the residential tenancy agreement set out in Schedule 1 that apply for the purposes of section 15(2)(d) of the Act.
For the Act, section 19(1), a residential tenancy agreement must not contain a term that requires a tenant to use a specific utility provider.
Subclause (1) does not apply if the landlord must use a specific utility provider for the premises.
For the purposes of section 20(2)(e) of the Act, the terms under sections 35, 54, 54A, 64A, 73B–73F and 73I of the Act are prescribed.
A condition report is to be in the form set out in Schedule 2.
For the purposes of section 26(1) of the Act, the following material facts are prescribed—
(a) the residential premises have been subject to flooding from a natural weather event or bush fire within the last 5 years,
(b) the residential premises are subject to significant health or safety risks that are not apparent to a reasonable person on inspection of the premises,
Note. Disclosure under this provision does not affect the legal obligations of the landlord with respect to the residential premises.
(c) the residential premises are listed on the LFAI Register,
(d) the residential premises have been the scene of a serious violent crime within the last 5 years,
(e) the residential premises have been used for the purposes of the manufacture or cultivation of any prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 within the last 2 years,
(f) any council waste services that will be provided to the tenant on a different basis than is generally applicable to residential premises within the area of the council,
(g) the tenant will not be able to obtain a residential parking permit in an area where only paid parking is provided because of the zoning of the land or another law applying to development on the land,
(h) the existence of a driveway or walkway on the residential premises which other persons are legally entitled to share with the tenant,
(i) if the premises comprise or include a lot in a strata scheme—scheduled rectification work or major repairs (including replacement of roofing, guttering or fences) to be carried out to common property during the fixed term of the residential tenancy agreement,
(j) the residential premises are part of a building in relation to which—
(i) a notice of intention to issue a fire safety order, or a fire safety order, has been issued requiring rectification of the building regarding external combustible cladding, or
(ii) a notice of intention to issue a building product rectification order, or a building product rectification order, has been issued requiring rectification of the building regarding external combustible cladding,
(iii) a development application or complying development certificate application has been lodged for rectification of the building regarding external combustible cladding.
In this clause—
This clause applies to a tenant under a social housing tenancy agreement for residential premises that would be in a retirement village but for the fact that the landlord is—
(a) the Aboriginal Housing Office, or
(b) the New South Wales Land and Housing Corporation.
The tenant must pay to the landlord any charges for optional services that the tenant agrees are to be provided by or on behalf of the operator of a retirement village.
In this clause—
For the purposes of section 39(1)(b) of the Act, the following water efficiency measures are prescribed—
(a) for shower heads—a maximum flow rate of 9 litres a minute,
(b) on and from 23 March 2025, for toilets—a dual flush toilet that has a minimum 3 star rating in accordance with the WELS scheme within the meaning of the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth,
(c) for internal cold water taps and single mixer taps for kitchen sinks or bathroom hand basins—a maximum flow rate of 9 litres a minute.
(d) at the commencement of the residential tenancy agreement and whenever any other water efficiency measures are installed, repaired or upgraded, the premises are checked and any leaking taps or toilets on the premises are fixed.
Taps and shower heads having a maximum flow rate of 9 litres a minute have a 3 star water efficiency rating.
For the purposes of section 38(1A) of the Act, a tenant is exempt from the operation of section 38(1)(a) of the Act, in relation to the payment of any service availability charge, however described, in relation to the supply of non-bottled gas if—
(a) the premises do not have any appliances, supplied by the landlord, for which gas is required, and
(b) the tenant does not use gas on the premises.
For the purposes of section 40(1)(h) of the Act, a landlord must pay any service availability charge, however described, in relation to the supply of non-bottled gas if—
(a) the premises do not have any appliances, supplied by the landlord, for which gas is required, and
(b) the tenant does not use gas supplied to the premises on the premises, and
(c) the premises are separately metered.
For the purposes of section 40(1)(h) of the Act, a landlord must pay the costs and charges for repair, maintenance or other work carried out on the residential premises which is required to facilitate the proper installation or replacement of an electricity meter, in working order, including an advanced meter.
Despite subclause (1), the landlord is only liable to pay the costs and charges if the meter installation is required by the retailer for one of the following reasons—
(a) the meter is faulty,
(b) testing indicates the meter needs to be replaced as the meter may become faulty,
(c) the meter has reached the end of its life.
In this clause—
(a) the removal of asbestos,
(b) the installation of fuses,
(c) changing meter boards or isolation switches.
This clause applies to residential premises within a local government area where the council charges for sewerage usage.
For the purposes of section 40(1)(h) of the Act, the landlord must pay all charges for sewerage usage for the residential premises.
For the purposes of section 55(2)(c1) of the Act, the following notice is required to be given to the tenant—
(a) if the entry is for the purposes of inspecting or assessing the need for repairs to, or replacement of, a smoke alarm—not less than 2 business days notice,
(b) if the entry is for the purposes of carrying out repairs to, or replacement of, a smoke alarm—not less than 1 hour’s notice.
For the purposes of section 64A(2)(c) of the Act, a landlord who becomes aware that a smoke alarm is not working must, within 2 business days—
(a) repair or replace the smoke alarm in accordance with clause 15, or
(b) cause the smoke alarm to be repaired or replaced in accordance with clause 15.
Subclause (1) does not apply to a landlord if the tenant notifies the landlord that the tenant will carry out the repair in accordance with clause 15.
For the purposes of section 64A(2)(a) and (b) of the Act—
(a) the following circumstances are prescribed in relation to a battery-operated smoke alarm—
(i) the landlord, a person authorised by the landlord or a tenant may replace a removable battery in the smoke alarm,
(ii) the landlord or a person authorised by the landlord, other than the tenant, may replace the smoke alarm, or
(b) the following circumstances are prescribed in relation to a hardwired smoke alarm—
(i) the landlord, a person authorised by the landlord or a tenant may replace a removable back-up battery in the smoke alarm,
(ii) the landlord or a person authorised by the landlord, other than the tenant, must engage an authorised electrician to repair or replace the smoke alarm.
A tenant who replaces a removable battery under subclause (1)(a)(i) or a removable back-up battery under subclause (1)(b)(i) must—
(a) notify the landlord that the tenant will replace the battery, and
(b) replace the battery within 2 business days of the notification, and
(c) notify the landlord within 24 hours of replacing the battery in the smoke alarm.
If the landlord becomes aware that the tenant has not replaced the battery or is not otherwise notified that the tenant replaced the battery in the time specified in subclause (2)(b), the landlord must replace the battery in the smoke alarm within 2 business days of becoming aware of that fact.
This clause does not limit clauses 16 and 17.
A reference in this clause to a tenant does not include a tenant of a social housing tenancy agreement.
This clause applies if—
(a) a tenant has notified the landlord that a battery-operated smoke alarm is not working, and
(b) the landlord has failed to replace a removable battery in the smoke alarm, or replace the smoke alarm, in accordance with clauses 14 and 15, and
(c) if the premises comprise or include a lot in a strata scheme—the tenant has not been notified that the owners corporation of the strata scheme is responsible for the maintenance of smoke alarms in the residential premises.
For the purposes of section 64A(2) of the Act, the tenant may do any thing a landlord is authorised to do under clause 15(1)(a) in relation to the smoke alarm.
The tenant must, by written notice, notify the landlord or the landlord’s agent within 24 hours of the repair or replacement being carried out under this clause.
A reference in this clause to a tenant does not include a tenant of a social housing tenancy agreement.
This clause applies if—
(a) a tenant has notified the landlord that a hardwired smoke alarm is not working, and
(b) the landlord has failed to repair or replace the smoke alarm in accordance with clauses 14 and 15, and
(c) the residential premises the subject of the agreement do not comprise or include a lot in a strata scheme.
For the purposes of section 64A(2) of the Act, the tenant may repair or replace the smoke alarm, but only by engaging an authorised electrician to carry out the work.
For the purposes of section 64A(2) of the Act, the tenant may replace a removable back-up battery in the smoke alarm or organise for a person to replace a removable back-up battery in the smoke alarm.
The tenant must, by written notice, notify the landlord or the landlord’s agent within 24 hours of the repair or replacement being carried out under this clause.
A reference in this clause to a tenant does not include a tenant of a social housing tenancy agreement.
For the purposes of section 64A(3) of the Act, a tenant who carries out a repair to, or replacement of, a smoke alarm in accordance with clause 15, 16 or 17 is entitled to reimbursement from the landlord within 7 days after the tenant has given the landlord written notice.
The written notice specified under subclause (1) must—
(a) set out details of the repair or replacement the tenant has carried out and the cost of the repair or replacement, and
(b) be accompanied by receipts or invoices, or copies of receipts or invoices, for the repair or replacement paid for by the tenant, and
(c) be given to the landlord or the landlord’s agent as soon as practicable after the repair or replacement was carried out.
For the purposes of section 12 of the Act, a tenant who replaces a smoke alarm in accordance with clause 15, 16 or 17 is exempt from the operation of section 66 of the Act if the smoke alarm is installed in accordance with the manufacturer’s instructions.
For the purposes of section 64A(2)(a) and (c) of the Act, a landlord must do the following—
(a) replace a smoke alarm with a new smoke alarm—
(i) within 10 years from the date the smoke alarm was manufactured, or
(ii) if an earlier time is specified by the manufacturer of the smoke alarm—in the time specified by the manufacturer,
Note. The information specified in paragraph (a) may be found on the base of the smoke alarm or specified in the manufacturer’s instructions for the smoke alarm.
(b) install or replace a battery, other than a non-removable battery, in a smoke alarm with a battery specified or recommended by the manufacturer of the smoke alarm—
(i) for a removable lithium battery—in the period specified by the manufacturer of the smoke alarm in the instructions supplied with the smoke alarm, in relation to replacing a lithium battery, or
(ii) otherwise—annually.
For the purposes of section 12 of the Act, section 64A of the Act does not apply to a residential tenancy agreement if—
(a) the agreement relates to residential premises that comprise or include a lot in a strata scheme, and
(b) the smoke alarms for the residential premises are—
(i) hardwired smoke alarms, or
(ii) battery-operated smoke alarms and the owners corporation is responsible for the repair and replacement of the smoke alarms, and
(c) the landlord has advised the tenant, in writing, that the owners corporation of the strata scheme is responsible for the repair and replacement of smoke alarms situated in the residential premises, and
Note. The Standard Form Agreement provides for a way the landlord may advise the tenant for the purposes of paragraph (c).
(d) the landlord has notified the owners corporation, within 24 hours of becoming aware that a repair or replacement is needed, and
(e) the landlord has taken reasonable steps to ensure the repair or replacement of the smoke alarm is carried out.
For the purposes of section 66(2A)(a) of the Act, the following are kinds of fixtures or alterations, additions or renovations of a minor nature in relation to which it would be unreasonable for a landlord to withhold consent—
(a) securing furniture to a wall of premises, other than a tiled wall, if it is necessary for the safe use of the furniture,
(b) fitting a childproof latch to an exterior gate of a single dwelling,
(c) inserting fly screens on windows,
(d) installing or replacing an internal window covering,
(e) installing cleats or cord guides to secure blind or curtain cords,
(f) installing child safety gates inside the premises,
(g) installing window safety devices for child safety,
(h) installing hand-held shower heads or lever-style taps for the purpose of assisting elderly or disabled people,
(i) installing or replacing hooks, nails or screws for hanging paintings, picture frames and other similar items,
(j) installing a carriage service for connecting a phone line or accessing the internet and any facility or customer equipment associated with the provision of the service,
(k) planting vegetables, flowers, herbs or shrubs if—
(i) existing vegetation or plants do not need to be removed, and
(ii) for shrubs—the shrubs will not grow to more than 2 metres in height,
(l) installing, on the residential premises to which the residential tenancy agreement relates, a wireless removable outdoor security camera,
Note. The Surveillance Devices Act 2007 regulates the installation, use and maintenance of surveillance devices.
(m) applying shatter-resistant film to windows or glass doors,
(n) making a modification that does not penetrate a surface, or permanently modify a surface, fixture or the structure of the premises.
For the purposes of section 66(2A)(b) of the Act, a fixture, or alteration, addition or renovation specified in subclause (1)(h) or (j) may be conditional on the fixture only being installed, or the alteration, addition or renovation only being carried out, by a person appropriately qualified to install a fixture, or carry out alterations, additions or renovations, of that kind.
However, this clause does not apply—
(a) to premises under a residential tenancy agreement that comprise or include a lot in a strata scheme if the fixtures or alterations, additions or renovations—
(i) affect common property, other than a prescribed fixture, or alteration, addition or renovation that is cosmetic work (within the meaning of section 109(2) of the Strata Schemes Management Act 2015), or
(ii) would contravene the by-laws made for the strata scheme, or
(b) to premises under a residential tenancy agreement that comprise or include a site in a residential community within the meaning of the Residential (Land Lease) Communities Act 2013 if the fixtures or alterations, additions or renovations—
(i) affect a common area, or
(ii) would contravene the community rules made for the community, or
(c) to premises listed on the LFAI Register, or
(d) to premises that are a heritage item.
Subclause (1)(g) does not apply in relation to premises under a residential tenancy agreement that comprise or include a lot in a strata scheme.
Subclause (1)(l) does not apply in relation to social housing premises.
In this clause—
For the Act, section 73F(1)(a), it is not an unreasonable number of animals if the number of animals being kept at the premises will be 4 or less.
For the Act, section 73F(1)(b)(i), the fencing is not inappropriate if—
(a) the reason the fencing is inappropriate is that the landlord has not kept the fencing in a reasonable state of repair, or
(b) the animal will be kept primarily within an enclosure on the premises, or
(c) the animal will be kept primarily inside at the premises and will be under the effective control of a person if taken outside.
For the Act, section 73F(1)(b)(ii)—
(a) a reference to open space includes common property the tenant is entitled to access, unless animals of the same type as the animal are prohibited from entering the common property, and
(b) the open space is only insufficient if it is insufficient for the animal to—
(i) defecate and urinate outside, unless the animal can reasonably defecate and urinate inside at the premises or elsewhere, or
(ii) be kept outside, unless the animal can reasonably be kept inside at the premises, or
(iii) receive adequate exercise outside, unless the animal can reasonably receive adequate exercise inside at the premises or elsewhere, and
(c) the open space is taken to be sufficient if the animal will be kept primarily within an enclosure on the premises and there is sufficient space for the enclosure.
For the Act, section 73F(1)(c), keeping the animal at the premises is likely to cause damage that would cost more to reasonably repair than the amount of the rental bond only if it is highly probable the damage will occur.
For the purposes of sections 105B(3) and 105C(2)(d) of the Act, a declaration by a competent person is to be in the form and contain the matters set out in Schedule 3.
For the Act, section 85(1), a landlord must, when giving a termination notice, give the tenant a termination information statement that includes information about the following—
(a) the circumstances under the Act in which a residential tenancy agreement terminates,
(b) the requirements in the Act, section 82 for termination notices,
(c) the supporting documents or information that must be given with a termination notice under clauses 23B–23I,
(d) the offences in the Act, sections 85 and 86,
(e) the tenant’s right to apply to the Tribunal under the Act, sections 111 and 115,
(f) how to contact NSW Fair Trading.
A landlord is taken to comply with subclause (1) if the landlord gives the tenant a form approved from time to time by the Secretary for the purposes of this clause.
For the Act, section 85(1), a landlord must give one of the following to the tenant when giving a termination notice under the Act, section 87D—
(a) a copy of the contract, or part of the contract, for the sale of the premises that shows the following—
(i) the name of the vendor,
(ii) if a solicitor or licensed conveyancer is carrying out work for the vendor in connection with the contract for sale—the name of the solicitor or licensed conveyancer,
(iii) if the vendor has an agent in connection with the sale—the name of the agent,
(iv) the name of the purchaser,
(v) if a solicitor or licensed conveyancer is carrying out work for the purchaser in connection with the contract for sale—the name of the solicitor or licensed conveyancer,
(vi) the address of the premises, including the lot and deposited plan or strata plan numbers,
(vii) the date the contract was signed,
(viii) details of the proposed date for completion of the contract,
(ix) that the contract requires the vendor to give the purchaser vacant possession of the premises,
(b) a written statement from a solicitor or licensed conveyancer carrying out work for the vendor in connection with the contract for the sale of the premises that states the following—
(i) that a contract for the sale of the premises has been entered into,
(ii) the name of the vendor,
(iii) the address of the premises, including the lot and deposited plan or strata plan numbers,
(iv) the date the contract was signed,
(v) details of the proposed date for completion of the contract,
(vi) that the contract requires the vendor to give the purchaser vacant possession of the premises.
For the Act, section 85(1), a landlord must give one of the following to the tenant when giving a termination notice under the Act, section 87E—
(a) a copy of a proposed contract for the sale of the premises that includes the following—
(i) the name of the vendor,
(ii) if a solicitor or licensed conveyancer is carrying out work for the vendor in connection with the contract for sale—the name of the solicitor or licensed conveyancer,
(iii) if the vendor has an agent in connection with the proposed sale—the name of the agent,
(iv) the address of the premises, including the lot and deposited plan or strata plan numbers,
(v) a requirement for the vendor to give the purchaser vacant possession of the premises,
(vi) the documents, or copies of documents, that must be attached to the contract under the Conveyancing Act 1919, section 52A(2)(a), other than the documents referred to in the Conveyancing (Sale of Land) Regulation 2022, Schedule 1, items 4 and 5,
(b) a copy of an agency agreement, or part of an agency agreement, between the landlord and a real estate agent for the sale of the premises that shows the following—
(i) the names of each of the parties to the agency agreement,
(ii) the address, or a description, of the property to which the agency agreement applies,
(iii) the real estate agent’s licence number,
(iv) the duration of the agency agreement.
In this clause—
For the Act, section 85(1), a landlord must, when giving a termination notice under the Act, section 87F, give the tenant a written statement from the landlord that—
(a) is signed and dated by the landlord, and
(b) explains why the renovations or repairs are significant, and
(c) explains why the property must be vacant for the works to be carried out properly, and
(d) states the proposed commencement date of the works.
For the Act, section 85(1), a landlord must, when giving a termination notice under the Act, section 87G, give the tenant—
(a) a written statement from the landlord that—
(i) is signed and dated by the landlord, and
(ii) states the proposed commencement date of the demolition, and
(b) a copy of the contract, or part of the contract, for the demolition that shows the following—
(i) the names of each of the parties to the contract,
(ii) a description of the demolition, including the address where the demolition will take place,
(iii) the commencement date of the demolition,
(iv) if the demolition involves licensed demolition work—the demolition licence number of the person who will carry out or direct the licensed demolition work, and
(c) if development consent is required for the demolition—a copy of a development consent applying to the demolition, and
(d) if a development control order requires the demolition to be carried out—a copy of the development control order.
In this clause—
For the Act, section 85(1), a landlord must, when giving a termination notice under the Act, section 87H(1)(a), give the tenant information about the reason the tenant is no longer eligible to participate in the affordable housing scheme.
For the Act, section 85(1), a landlord must, when giving a termination notice under the Act, section 87I(1)(a), give the tenant information about the reason the tenant is no longer eligible to participate in the transitional housing program.
For the Act, section 85(1), a landlord must, when giving a termination notice under the Act, section 87L, give the tenant—
(a) a written statement from the landlord that—
(i) is signed and dated by the landlord, and
(ii) states the purpose for which the premises will be used after the termination date, and
(iii) states that the premises will not be used as rented residential premises for at least 12 months after the termination date, and
(b) if the purpose referred to in paragraph (a)(ii) involves the premises being used to carry on a business—one of the following—
(i) the Australian Business Number of the business,
(ii) a copy of a development consent that relates to the use of the premises for carrying on the business,
(iii) the licence number of a licence that will be used in carrying on the business, and
Example— a licence issued under the Liquor Act 2007 for the sale of liquor at the premises
(c) if the purpose referred to in paragraph (a)(ii) involves the premises being used for a short-term rental accommodation arrangement—proof that the premises have been included on the STRA register.
In this clause—
For the Act, section 85(1), a landlord must, when giving a termination notice under the Act, section 87M, give the tenant—
(a) a written statement from the landlord, and
(b) if the notice is given on the ground that a relevant person who is not the landlord will reside at the premises—a written statement from the relevant person.
However, if notice is given on the ground that more than one relevant person who is not the landlord will reside at the premises, a written statement under subclause (1)(b) is only required from one of the relevant persons.
The landlord’s written statement under subclause (1)(a) must—
(a) be signed and dated by the landlord, and
(b) state the following—
(i) if the notice is given on the ground that the landlord will reside at the premises—that the landlord will reside at the premises for at least 6 months,
(ii) if the notice is given on the ground that a relevant person who is not the landlord will reside at the premises—
(A) that the relevant person will reside at the premises for at least 6 months, and
(B) the relationship between the relevant person and the landlord.
The relevant person’s written statement under subclause (1)(b) must—
(a) be signed and dated by the person, and
(b) state the following—
(i) that the relevant person will reside at the premises for at least 6 months,
(ii) the relationship between the relevant person and the landlord.
In this clause—
Before giving a document or information under this part, a landlord may redact—
(a) for a document referred to in clause 23B(a), 23C(1)(a) or (b) or 23E(1)(b)—information other than information that must be shown or included in the document by this part, and
(b) (Repealed)
(c) the landlord’s address, email address and phone number.
For the Act, section 87K(3), residential premises are
(a) were lawfully erected as—
(i) co-living housing, within the meaning of the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006, or
(ii) a boarding house, and
(b) are used primarily to provide accommodation to students of educational institutions located in New South Wales.
For the Act, section 222A(2), a landlord, or the landlord’s agent, must give the information in subclause (2) to the Secretary—
(a) when a claim is made for the payment of a rental bond for the tenancy under the Act, section 163 if—
(i) the landlord, or an agent of the landlord, makes the claim, or
(ii) the claim is made jointly by the landlord, or an agent of the landlord, and the tenant, or an agent of the tenant, or
(b) within 14 days after the landlord is notified by the Secretary under the Act, section 164(2) of a claim for the payment of a rental bond for the tenancy made by a tenant without the consent of all the other parties to the residential tenancy agreement.
Maximum penalty—10 penalty units.
The landlord must give the Secretary the following information—
(a) whether a termination notice was given in relation to the residential tenancy,
(b) if a termination notice was given—whether the landlord or a tenant gave the notice,
(c) if the landlord gave the notice—
(i) the ground on which the notice was given, and
(ii) if the landlord gave supporting documents or information, as required by clauses 23B–23I, with the termination notice—the type of supporting documents or information.
The New South Wales Land and Housing Corporation and the Aboriginal Housing Office are exempt from the operation of section 159(1A) of the Act.
A residential tenancy agreement under which a person resides in refuge or crisis accommodation provided by a prescribed authority is exempt from the operation of the Act.
A residential tenancy agreement under which a person resides in a moveable dwelling that is in a caravan park is exempt from the operation of the Act if—
(a) the dwelling is owned by the owner or operator of the caravan park, and
(b) the person is residing in the caravan park as a result of a written referral made to the owner or operator by a prescribed authority, and
(c) the referral specifies that accommodation in the caravan park is required as temporary refuge or temporary crisis accommodation, and
(d) the referral has not expired.
For the purposes of subclause (2), a referral expires at the end of 30 days (or, if extended, 60 days) after the day on which the person started to reside, as a result of the referral, in the caravan park.
A referral may be extended by written request, made by the prescribed authority to the owner or operator of the caravan park, for the owner or operator to continue providing accommodation in the caravan park to the person.
Despite subclauses (1) and (2), an exemption under this clause does not apply if the parties to the agreement agree in writing that the agreement is not to be exempt.
In this clause—
(a) a public authority, or
(b) a council, or
(c) another body or organisation that is wholly or partly funded by the Commonwealth or the State, or
(d) an agency of the Commonwealth or the State.
A residential tenancy agreement is exempt from the operation of the Act if—
(a) the premises to which the agreement relates are not used or intended to be used as a residence by the tenant under the agreement, and
(b) the tenant under the agreement allows or is intending to allow a person with a disability, other than a family member of the tenant, to use the premises as disability accommodation under an agreement or other arrangement with the person (the
disability accommodation arrangement ), and(c) for residential tenancy agreements entered into on or after 2 August 2019 (being the day the Residential Tenancies Amendment (Exemption) Regulation 2019 commenced)—the agreement is in writing and states that this clause is intended to apply in respect of the premises.
To avoid doubt, this clause does not operate to exempt the disability accommodation arrangement from the operation of the Act or any other Act or law otherwise applicable to it.
This clause extends to residential tenancy agreements entered into before 2 August 2019 (the commencement of the Residential Tenancies Amendment (Exemption) Regulation 2019).
In this clause—
(a) assistance to help the person undertake his or her day-to-day activities,
(b) assistance to increase the person’s independence,
(c) assistance to facilitate the person’s social and economic inclusion in the community.
A residential tenancy agreement that is entered into by a tenant with a person or persons and that forms part of an equity purchase agreement is exempt from the operation of the Act.
In this clause—
(a) the initial purchase by the tenant, as a tenant in common, of not less than 20% of the owner’s interest in the residential premises, and
(b) the further purchase by the tenant, from time to time, of a greater percentage of the owner’s interest in the premises.
Residential premises that comprise, or are part of, a heritage item are exempt from the operation of the Act if the landlord is the Crown, a public authority or a council (other than the New South Wales Land and Housing Corporation or the Aboriginal Housing Office).
This clause does not apply if the parties to the residential tenancy agreement agree in writing that the residential premises are not to be exempt from the operation of the Act.
A residential tenancy agreement in respect of St Patrick’s Estate land is exempt from the operation of the Act if—
(a) the agreement is in writing, and
(b) the agreement states that this clause applies to the agreement, and
(c) one of the following applies—
(i) the agreement is for a term of 17 years or more (excluding any period for which the agreement could be renewed by the exercise of an option) but less than 99 years,
(ii) the agreement extends the term of an agreement exempt under paragraph (a) (the
first agreement ), so that the term of the agreement ends less than 99 years after the beginning of the term of the first agreement,(iii) the agreement renews the first agreement for a further term for not less than 17 years (excluding any period for which the agreement could be renewed by the exercise of an option) and that ends less than 99 years from the beginning of the term of the first agreement.
The exemption of a residential tenancy agreement from the operation of the Act under this clause does not—
(a) affect any other residential tenancy agreement (a
sublease ) effecting a demise of—(i) the tenant’s interest under the exempt agreement, or
(ii) any interest derived from that interest, or
(b) affect the rights or obligations under the Act, as landlord and tenant under the sublease, of the parties to the sublease.
In this clause—
Residential premises that are subject to a life estate are exempt from the operation of the Act.
This clause does not apply to residential premises occupied by a sub-tenant.
Residential premises used, or intended for use, principally as a residential college or hall of residence for students of an educational institution are exempt from the operation of the Act if the premises are—
(a) located within the institution, or
(b) owned by the institution, or
(c) provided for that use by a person or body that provides the premises under a written agreement with the institution to provide accommodation to students of the institution.
Despite subclause (1), a part of residential premises referred to in subclause (1) is not exempt from the operation of the Act if—
(a) the landlord and the tenant agree in writing that the part of the residential premises is to be subject to the Act, or
(b) allocations for the part of the residential premises have been applied for, or provided, under the National Rental Affordability Scheme Act 2008 of the Commonwealth, unless the application is withdrawn or is unsuccessful.
(Repealed)
A landlord and a tenant are exempt from the operation of section 29(1)–(3) of the Act if—
(a) the landlord and the tenant enter into a new residential tenancy agreement for residential premises already occupied by the tenant under a previous residential tenancy agreement, and
(b) the landlord and the tenant agree that a previous condition report for the residential premises is to apply for the purposes of the tenancy created by the new residential tenancy agreement.
A landlord who is a social housing provider is exempt from the operation of section 31A of the Act.
For the purposes of section 40(1A) of the Act, a landlord is exempt from the operation of section 40(1)(c) of the Act, in relation to the payment of charges for the supply of electricity to the tenant at the residential premises that are not separately metered if the premises have a meter that—
(a) measures the supply of electricity that satisfies paragraphs (a)–(d) of the definition of
separately metered , and(b) does not have an NMI assigned for the purpose of paragraph (e) of the definition of
separately metered because it is located in an embedded network, and(c) the meter is not required to have an NMI assigned.
For the purposes of section 38(1)(e) of the Act, a tenant must pay any charges for the supply of electricity to the tenant at the residential premises that are not separately metered if the circumstances specified in subclause (1)(a)–(c) apply to the premises.
Embedded electricity networks are common in high density apartment buildings, strata schemes, residential land lease communities and residential villages.
In this clause—
For the purposes of section 40(1A) of the Act, a landlord is exempt from the operation of section 40(1)(c) of the Act, in relation to the payment of charges for the supply of gas (except bottled gas) to the tenant at the residential premises that are not separately metered if the premises have a meter that—
(a) measures the supply of gas that satisfies paragraphs (a)–(d) of the definition of
separately metered , and(b) does not have an MIRN or a delivery point identifier assigned for the purpose of paragraph (f) of the definition of
separately metered because it is located in an embedded network.
For the purposes of section 38(1)(e) of the Act, a tenant must pay any charges for the supply of gas (except bottled gas) to the tenant at the residential premises that are not separately metered if the circumstances specified in subclause (1)(a) and (b) apply to the premises.
Embedded gas networks are common in high density apartment buildings, strata schemes, residential land lease communities and residential villages.
In this clause—
For the purposes of section 40(1A) of the Act, a landlord of social housing premises is exempt from the operation of section 40(1)(c) of the Act, in relation to the payment of charges for the supply of gas at social housing premises if—
(a) the social housing premises use hot water, heated by gas, from a centralised system shared by more than one social housing premises, and
(b) the premises are situated within the building that is supplied with hot water from the centralised hot water system, and
(c) the premises have an individual hot water meter that records the amount of hot water provided to the premises from the centralised hot water system, and
(d) the charge payable for the premises is calculated using the individual hot water meter readings and the common factor calculated in accordance with the Retail Market Procedures.
For the purposes of section 38(1)(e) of the Act, a tenant of social housing premises must pay any charges for the supply of gas to the tenant at the social housing premises that are not separately metered if the circumstances specified in subclause (1)(a)–(d) apply to the premises.
In this clause—
A residential tenancy agreement is exempt from the operation of the Act if—
(a) under the agreement, the landlord is a council who lets the premises to a tenant who is a social housing provider, and
(b) the premises are let to the social housing provider for the purposes of the social housing provider sub-letting the premises under a social housing tenancy agreement, and
(c) the agreement is in writing and states that this clause applies to the agreement.
If the tenant ceases to be a social housing provider during the currency of the term of the residential tenancy agreement, the exemption under this clause does not cease to have effect until 6 months after the date the tenant ceases to be a social housing provider.
A social housing tenancy agreement is exempt from the operation of the Act, section 41(1A) if the increase in the rent payable is a result only of a change in the tenant’s rent rebate.
In this clause—
A landlord and a tenant of social housing premises are exempt from the operation of Division 5A of Part 3 of the Act.
This clause applies to a relevant database operator or a relevant landlord, using a residential tenancy database kept by the Department of Communities and Justice.
A relevant database operator is exempt from sections 213(3), 215, 216(2) and (3) and 218 of the Act.
A relevant landlord or a relevant landlord’s agent is exempt from sections 211–216 of the Act.
In this clause—
(a) the Secretary of the Department of Communities and Justice, or
(b) the New South Wales Land and Housing Corporation, or
(c) the Aboriginal Housing Office.
(a) the New South Wales Land and Housing Corporation,
(b) the Aboriginal Housing Office,
(c) a registered community housing provider within the meaning of the Community Housing Providers National Law (NSW) who is approved by the Secretary of the Department of Communities and Justice to use the residential tenancy database kept by that Department.
Residential premises that are purpose-built student accommodation are exempt from the operation of the Act, Part 3, Division 8.
In this clause—
For the purposes of section 44(2) of the Act, the prescribed period is within 30 days after the notice of the increase is given.
For the purposes of section 83(2)(a) of the Act, the prescribed period is within 30 days after the termination date specified in the relevant termination notice.
For the purposes of section 98(4) of the Act, the prescribed period is within 7 days after the termination notice is given.
For the purposes of section 115(3) of the Act, the prescribed period is—
(a) if the termination notice was given under the Act, section 87E, 87F, 87G, 87H, 87I, 87J, 87K, 87L or 87M—within 30 days after the termination notice is given, or
(b) otherwise—within 14 days after the termination notice is given.
For the purposes of section 125(3) of the Act, the prescribed period is within 30 days after the applicant was given notice of proceedings for the recovery of possession of residential premises.
(Repealed)
For the purposes of section 141(2) of the Act, the prescribed period is within 30 days after the cancellation of the rent rebate takes effect.
For the purposes of section 175(3) of the Act, the prescribed period is within 6 months after the rental bond is paid out.
For the purposes of section 190(1) of the Act, the prescribed period is within 3 months after the applicant becomes aware of the breach.
For the Act, section 224(2)(e), an application to the Tribunal under the Act, section 111(1) for an order in relation to a dispute about a termination notice—
(a) may be made before or after the termination date specified in the termination notice, and
(b) must be made before the date that is 3 months after the termination date.
For the purposes of section 187(4)(a) of the Act, the amount prescribed is—
(a) if the order is with respect to a rental bond—$30,000, or
(b) otherwise—$15,000.
For the purposes of section 202(3) of the Act, the maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence against the Act is 650 penalty units.
The Secretary is to pay interest on an amount of rental bond paid.
The rate of interest payable on a rental bond paid is the rate payable by the Commonwealth Bank of Australia on an Everyday Access Account balance of $1,000 as at the last day of the month the interest is being calculated.
The interest is to be compounded on 30 June and 31 December each year.
(Repealed)
The Residential Tenancies Regulation 2010 is repealed.
In this Division,
Any act, matter or thing that, immediately before the repeal of the Residential Tenancies Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.
Section 30 of the Interpretation Act 1987 also provides that the repeal of a regulation does not affect the operation of any savings or transitional provision contained in the regulation.
Clause 6 extends to a long term lease entered into before the commencement of this Regulation.
In this clause—
Clause 10 extends to an existing residential tenancy agreement.
Clauses 13–22 extend to an existing residential tenancy agreement.
Clauses 34 and 35 extend to a landlord and tenant of an existing residential tenancy agreement.
Clauses 36 and 37 extend to a landlord and tenant of an existing social housing tenancy agreement.
In this clause—
For the purposes of section 15(2)(d) of the Act, the following terms of the standard form of the residential tenancy agreement set out in Schedule 1 (the
(a) clause 4.7 of the Agreement,
(b) clause 5 of the Agreement,
(c) clause 6 of the Agreement,
(d) clause 12.4 of the Agreement,
(e) clause 17.4 of the Agreement,
(f) clause 19.7 of the Agreement,
(g) clause 24.10 of the Agreement,
(h) clauses 28 and 29 of the Agreement,
(i) clauses 30 and 31 of the Agreement,
(j) clauses 42–44 of the Agreement,
(k) clause 48 of the Agreement.
For the purposes of section 15(2)(d) of the Act, from 23 March 2025 (being the date that is 5 years after the commencement of this Regulation), clause 12.4.2 of the Agreement extends to all existing residential tenancy agreements at that date.
In this Division—
A provision of this Division is taken to have effect from the commencement of this Regulation.
This Regulation commenced on 23 March 2020.
Clause 20(a) does not apply until 12 months after the commencement of this Regulation if the landlord is—
(a) the Aboriginal Housing Office, or
(b) the New South Wales Land and Housing Corporation, or
(c) a registered community housing provider within the meaning of the Community Housing Providers National Law (NSW) if the New South Wales Land and Housing Corporation manages the maintenance of the premises.
For the purposes of section 15(2)(d) of the Act, the term set out in clause 49 of the Agreement extends to existing residential tenancy agreements.
A term of the Agreement, extended by operation of clause 50, replaces a substantially similar clause of an existing residential tenancy agreement.
Without limiting subclause (1), the following terms of an existing residential tenancy agreement are replaced by a term of the Agreement—
(a) clause 4.6 of an existing residential tenancy agreement is replaced by clauses 4.6 and 4.7 of the Agreement,
(b) clause 5 of an existing residential tenancy agreement is replaced by clauses 5 and 6 of the Agreement,
(c) clause 11.4 of an existing residential tenancy agreement is replaced by clause 12.4 of the Agreement,
(d) clause 16.4 of an existing residential tenancy agreement is replaced by clause 17.4 of the Agreement,
(e) clauses 27 and 28 of an existing residential tenancy agreement are replaced by clauses 30 and 31 of the Agreement,
(f) clauses 38 and 39 of an existing residential tenancy agreement are replaced by clauses 42–44 of the Agreement.
In this Division—
Part 6A of this Regulation, as in force immediately before the commencement, continues to apply to a termination notice given by a landlord to an impacted tenant before the commencement.
Part 6A of this Regulation, as in force immediately before the commencement, continues to apply to an application to the Tribunal for the following orders if the application was made but not finally determined before the commencement—
(a) a termination order under section 83(2) of the Act relating to a termination notice given under section 87 of the Act, on the ground specified in section 88 of the Act, to an impacted tenant,
(b) a termination order in relation to a residential tenancy agreement on the ground specified in section 88 of the Act if the tenant under the agreement is an impacted tenant.
Despite clause 23, a declaration made by a medical practitioner using the form prescribed by Schedule 3 as in force immediately before the commencement of this clause is taken to satisfy the requirements of sections 105B(3) and 105C(2)(d) of the Act.
The Act, section 35 and Schedule 2, clause 33 do not apply to a residential tenancy agreement in relation to Centrepay operated by the Commonwealth until a date specified by the Minister in a notice published in the Gazette.
For the Act, section 15(2)(c), to the extent it relates to Centrepay operated by the Commonwealth, clause 4 of the standard form of residential tenancy agreement set out in Schedule 1 does not apply to a residential tenancy agreement until the date specified by the Minister under subclause (1).
For the Act, section 15(2)(d), the following terms of the standard form of residential tenancy agreement set out in Schedule 1 (the
(a) clause 3.4 of the Agreement,
(b) clause 4 of the Agreement,
(c) clause 5 of the Agreement,
(d) clause 6 of the Agreement,
(e) clauses 53 and 54 of the Agreement,
(f) clause 55 of the Agreement.
However—
(a) clause 6 of the Agreement does not extend to an existing fixed term tenancy agreement that—
(i) is for a fixed term of less than 2 years, and
(ii) was entered into before 13 December 2024, and
(b) clauses 53.2, 54.1 and 54.2 of the Agreement do not apply to a consent given by a landlord to the keeping of a pet by a tenant that was in force immediately before the commencement of the Act, Part 3, Division 8.
A term of the Agreement extended by operation of this clause replaces a substantially similar clause of an existing residential tenancy agreement.
(Clause 4(1))
Please read this before completing the residential tenancy agreement (the
1 This form is your written record of your tenancy agreement. This is a binding contract under the Residential Tenancies Act 2010, so please read all terms
and conditions carefully.2 If you need advice or information on your rights and responsibilities, please call NSW Fair Trading on 13 32 30 or visit before signing the Agreement.
3 If you require extra space to list additional items and terms, attach a separate sheet. All attachments should be signed and dated by both the landlord or the landlord’s agent and the tenant to show that both parties have read and agree to the attachments.
4 The landlord or the landlord’s agent must give the tenant a copy of the signed Agreement and any attachments, two copies or one electronic copy of the completed condition report and a copy of NSW Fair Trading’s Tenant Information Statement publication.
[
These details must be provided for landlord(s), whether or not there is a landlord’s agent.
[
These details must be provided for landlord(s) if there is no landlord’s agent.
[
[
[
[
The term of this agreement is—
□ 6 months
□ 12 months
□ 2 years
□ 3 years
□ 5 years
□ Other (please specify)—
□ Periodic (no end date)
starting on //20 and ending on //20 [
For a residential tenancy agreement having a fixed term of more than 3 years, the agreement must be annexed to the form approved by the Registrar-General for registration under the Real Property Act 1900.
The residential premises are [
The residential premises include—
[
Rent is $
Rent must be paid per—
□ week
□ fortnight
□ other—[
Day rent must be paid—
Date first rent payment is due—
The landlord, or landlord’s agent, must not require a tenant to pay more than 2 weeks rent in advance under this agreement.
Rent must be paid by—
□ approved electronic bank transfer (such as direct debit, bank transfer or BPAY)
□ Centrepay
□ other
The landlord, or landlord’s agent, must offer the tenant the ability to pay rent by an approved electronic bank transfer method. The electronic bank transfer method must be free of charge to the tenant, other than charges ordinarily imposed by the tenant’s bank. From a date notified in the Gazette by the Minister for Better Regulation and Fair Trading, the landlord, or landlord’s agent, must also offer the tenant the ability to pay rent by Centrepay.
The landlord and the tenant may agree on a different payment method. The landlord must not require the tenant to use a specific service provider to pay rent.
Details of payment method—
The landlord, or landlord’s agent, must not charge a fee, or pass on a cost incurred by the landlord or landlord’s agent, for the payment of rent by an approved electronic bank transfer method or by Centrepay.
[
A rental bond of $ must be paid by the tenant on signing this agreement. The amount of the rental bond must not be more than 4 weeks rent.
The tenant provided the rental bond amount to—
□ the landlord or another person, or
□ the landlord’s agent, or
□ NSW Fair Trading through Rental Bonds Online.
All rental bonds must be lodged with NSW Fair Trading. If the bond is paid to the landlord or another person, it must be deposited within 10 business days after it is paid using the Fair Trading approved form. If the bond is paid to the landlord’s agent, it must be deposited within 10 business days after the end of the month in which it is paid.
No more than persons may ordinarily live in the premises at any one time.
Nominated tradespeople for urgent repairs—
Electrical repairs: Telephone—
Plumbing repairs: Telephone—
Other repairs: Telephone—
Will the tenant be required to pay separately for water usage?
□ Yes □ No
If yes, see clauses 12 and 13.
Is electricity supplied to the premises from an embedded network?
□ Yes □ No
Is gas supplied to the premises from an embedded network?
□ Yes □ No
For more information on consumer rights if electricity or gas is supplied from an embedded network contact NSW Fair Trading.
Indicate whether the smoke alarms installed in the residential premises are hardwired or battery operated—
□ Hardwired smoke alarm
□ Battery operated smoke alarm
If the smoke alarms are battery operated, are the batteries in the smoke alarms of a kind the tenant can replace?
□ Yes □ No
If yes, specify the type of battery that needs to be used if the battery in the smoke alarm needs to be replaced—
If the smoke alarms are hardwired, are the back-up batteries in the smoke alarms of a kind the tenant can replace?
□ Yes □ No
If yes, specify the type of back-up battery that needs to be used if the back-up battery in the smoke alarm needs to be replaced—
If the Strata Schemes Management Act 2015 applies to the residential premises, is the owners corporation of the strata scheme responsible for the repair and replacement of smoke alarms in the residential premises?
□ Yes □ No
Are there any strata or community scheme by-laws applicable to the residential premises?
□ Yes □ No
If yes, see clauses 38 and 39.
[
Indicate below for each person whether the person provides express consent to any notice and any other document under section 223 of the Residential Tenancies Act 2010 being given or served on them by email. The Electronic Transactions Act 2000 applies to notices and other documents you send or receive electronically.
[
Does the landlord give express consent to the electronic service of notices and documents?
□ Yes □ No
If yes, see clause 50.
[
Does the tenant give express consent to the electronic service of notices and documents?
□ Yes □ No
If yes, see clause 50.
[
A condition report relating to the condition of the premises must be completed by or on behalf of the landlord before or when this agreement is given to the tenant for signing.
The Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019 apply to this agreement. Both the landlord and the tenant must comply with these laws.
1. The landlord agrees that the tenant has the right to occupy the residential premises during the tenancy. The residential premises include the additional things (if any) noted under “Residential premises ”.
2. The landlord agrees to give the tenant—2.1 a copy of this agreement before or when the tenant gives the signed copy of the agreement to the landlord or landlord’s agent, and
2.2 a copy of this agreement signed by both the landlord and the tenant as soon as is reasonably practicable.
3. The tenant agrees —3.1 to pay rent on time, and
3.2 to reimburse the landlord for the cost of replacing rent deposit books or rent cards lost by the tenant, and
3.3 to reimburse the landlord for the amount of any fees paid by the landlord to a bank or other authorised deposit-taking institution as a result of funds of the tenant not being available for rent payment on the due date, and
3.4 that the rent payment method may only be changed by agreement between the landlord and the tenant.
4. The landlord agrees —4.1 to not require the tenant to pay more than 2 weeks rent in advance or to pay rent for a payment period before the end of the previous payment period, and
4.2 to offer the tenant the option to pay rent by an approved electronic bank transfer method or by Centrepay and, if chosen by the tenant, to enable payment by that method, and
4.3 to not charge fees or pass on costs incurred for the payment of rent by an approved electronic bank transfer method or by Centrepay, and
4.4 that the rent payment method may only be changed by agreement between the landlord and the tenant, and the landlord will not refuse if the tenant requests to change to an approved electronic bank transfer method or to Centrepay, and
4.5 to not require the tenant to pay rent by a cheque or other negotiable instrument that is post-dated, and
4.6 to accept payment of unpaid rent after the landlord has given a termination notice on the ground of failure to pay rent if the tenant has not vacated the residential premises, and
4.7 to not use rent paid by the tenant for the purpose of any amount payable by the tenant other than rent, and
4.8 if rent is paid by cheque—to make a rent receipt available for collection by the tenant, to post it to the residential premises or to send it by email to an email address specified in this agreement by the tenant for the service of documents of that kind, and
4.9 if rent is not paid by cheque and is paid in person—to give a rent receipt to the tenant, and
4.10 to keep a record of rent paid under this agreement and to provide a written statement showing the rent record for a specified period within 7 days of a request by the tenant, unless the landlord has previously provided a statement for the same period.
Note— The requirements relating to Centrepay do not apply to a residential tenancy agreement until a date notified in the Gazette by the Minister for Better Regulation and Fair Trading.
5. The landlord and the tenant agree that the rent cannot be increased unless the landlord gives not less than 60 days written notice of the increase to the tenant. The notice must specify the increased rent and the day from which it is payable.6. The landlord and the tenant agree that the rent may not be increased more than once in any period of 12 months.Note— The period of 12 months includes the time during which a previous residential tenancy agreement was in force if—
(a) this agreement is a renewal or replacement of the previous agreement, and
(b) the landlord and at least one tenant are the same for both agreements, and
(c) under the previous agreement, the tenant occupied the residential premises immediately before the start of this agreement.
7. The landlord and the tenant agree —7.1 that the increased rent is payable from the day specified in the notice, and
7.2 that the landlord may cancel or reduce the rent increase by a later notice that takes effect on the same day as the original notice, and
7.3 that increased rent under this agreement is not payable unless the rent is increased in accordance with this agreement and the Residential Tenancies Act 2010 or by the Civil and Administrative Tribunal.
8. The landlord and the tenant agree that the rent abates if the residential premises—8.1 are destroyed, or become wholly or partly uninhabitable, otherwise than as a result of a breach of this agreement, or
8.2 cease to be lawfully usable as a residence, or
8.3 are compulsorily appropriated or acquired by an authority.
9. The landlord and the tenant may, at any time during this agreement, agree to reduce the rent payable.
10. The landlord agrees to pay—10.1 rates, taxes or charges payable under any Act (other than charges payable by the tenant under this agreement), and
10.2 the installation costs and charges for initial connection to the residential premises of an electricity, water, gas, bottled gas or oil supply service, and
10.3 all charges for the supply of electricity, non-bottled gas or oil to the tenant at the residential premises that are not separately metered, and
Note 1. Clause 10.3 does not apply to premises located in an embedded network in certain circumstances in accordance with clauses 34 and 35 of the Residential Tenancies Regulation 2019.
Note 2. Clause 10.3 does not apply to social housing tenancy agreements in certain circumstances, in accordance with clause 36 of the Residential Tenancies Regulation 2019.
10.4 the costs and charges for the supply or hire of gas bottles for the supply of bottled gas at the commencement of the tenancy, and
10.5 all charges (other than water usage charges) in connection with a water supply service to separately metered residential premises, and
10.6 all charges in connection with a water supply service to residential premises that are not separately metered, and
10.7 all charges for the supply of sewerage services (other than for pump out septic services) or the supply or use of drainage services to the residential premises, and
10.8 all service availability charges, however described, for the supply of non-bottled gas to the residential premises if the premises are separately metered but do not have any appliances, supplied by the landlord, for which gas is required and the tenant does not use gas supplied to the premises, and
10.9 the costs and charges for repair, maintenance or other work carried out on the residential premises which is required to facilitate the proper installation or replacement of an electricity meter, in working order, including an advanced meter, if the meter installation is required by the retailer to replace an existing meter because the meter is faulty, testing indicates the meter may become faulty or the meter has reached the end of its life.
11. The tenant agrees to pay—11.1 all charges for the supply of electricity or oil to the tenant at the residential premises if the premises are separately metered, and
11.2 all charges for the supply of non-bottled gas to the tenant at the residential premises if the premises are separately metered, unless the premises do not have any appliances supplied by the landlord for which gas is required and the tenant does not use gas supplied to the premises, and
Note. Charges for the supply of gas in certain circumstances may also be payable by a tenant under a social housing agreement in accordance with clause 36 of the Residential Tenancies Regulation 2019.
11.3 all charges for the supply of bottled gas to the tenant at the residential premises except for the costs and charges for the supply or hire of gas bottles at the start of the tenancy, and
11.4 all charges for pumping out a septic system used for the residential premises, and
11.5 any excess garbage charges relating to the tenant’s use of the residential premises, and
11.6 water usage charges, if the landlord has installed water efficiency measures referred to in clause 10 of the Residential Tenancies Regulation 2019 and the residential premises—
11.6.1 are separately metered, or
11.6.2 are not connected to a water supply service and water is delivered by vehicle.
Note. Separately metered is defined in the Residential Tenancies Act 2010.
12. The landlord agrees that the tenant is not required to pay water usage charges unless—
(3) Before the tenancy begins, the landlord or the landlord’s agent must inspect the residential premises and record the condition of the premises by indicating whether the particular room item is clean, undamaged and working by placing “Y” (YES) or “N” (NO) in the appropriate column (see example below). Where necessary, comments should be included in the report. The landlord or the landlord’s agent must also indicate “yes” or “no” in relation to the matters set out under the headings “Minimum standards”, “Health issues”, “Smoke alarms”, “Other safety issues”, “Communications facilities” and “Water usage charging and efficiency devices”.
(4) As soon as possible after the tenant signs the agreement, the tenant must inspect the residential premises and complete the tenant section of the condition report. The tenant indicates agreement or disagreement with the condition indicated by the landlord or landlord’s agent by placing “Y” (YES) or “N” (NO) in the appropriate column and by making any appropriate comments on the form. The tenant may also comment on the matters under the headings “Minimum standards”, “Health issues”, “Smoke alarms”, “Other safety issues”, “Communications facilities” and “Water usage charging and efficiency devices”.
(5) The tenant must return one copy of the completed condition report, or a completed electronic copy, to the landlord or landlord’s agent
within 7 days after taking possession of the residential premises and is to keep the other copy or a completed electronic copy. The tenant is not required to do this if the landlord or landlord’s agent has failed to give the tenant either two copies, or one electronic copy, of the completed condition report (see 2 above).(6) If photographs or video recordings are taken at the time the inspection is carried out, it is recommended that all photographs or video recordings are verified and dated by all parties. Any photographs should be attached to this condition report, in hard copy or electronically, under the heading “Photographs/video recordings of the premises”. Any video recordings should be attached to this condition report electronically.
NOTE: Photographs and/or video recordings are not a substitute for accurate written descriptions of the condition of the premises.
(7) At, or as soon as practicable after, the termination of the tenancy agreement, both the landlord or the landlord’s agent and the tenant should complete the copy of the condition report that the landlord, landlord’s agent or the tenant has retained, indicating the condition of the premises at the end of the tenancy. This should be done in the presence of the other party, unless the other party has been given a reasonable opportunity to be present and has not attended the inspection.
(8) If the residential premises are separately metered for water and if the tenant is required to pay for water usage charges under the residential tenancy agreement, the landlord or landlord’s agent must also indicate whether the residential premises has the required water efficiency measures.
(a) It is a requirement that a condition report be completed by the landlord or the landlord’s agent and the tenant (see above). This condition report is an important record of the condition of the residential premises when the tenancy begins and may be used as evidence of the state of repair or general condition of the premises at the commencement of the tenancy. It is important to complete the condition report accurately. It may be vital if there is a dispute, particularly about the return of the rental bond money and any damage to the premises.
(b) At the end of the tenancy, the premises will be inspected and the condition of the premises at that time will be compared to that stated in the original condition report.
(c) A tenant is not responsible for fair wear and tear to the premises. Fair wear and tear is a general term for anything that occurs through ordinary use, such as the carpet becoming worn in frequently used areas. Intentional damage, or damage caused by negligence, is not fair wear and tear.
(d) A condition report must be filled out whether or not a rental bond is paid.
(e) If you do not have enough space on the report you can attach additional pages. All attachments should be signed and dated by all parties to the residential tenancy agreement.
(f) Call
NSW Fair Trading on 13 32 20 or visit for more information about the rights and responsibilities of landlords and tenants or before completing the condition report.
EXAMPLE
Condition of premises at START of tenancy | ||||||
Key: C = Clean; U = Undamaged; W= Working | ||||||
C | U | W | Landlord/ agent comments | Tenant agrees | Tenant Comments | |
front door/screen door/security door | Y | Y | Y | Y | ||
walls/picture hooks | Y | Y | Y | 3 picture hooks | N | 2 picture hooks |
doorway frames | Y | Y | Y | Y | ||
windows/screens/ window safety devices | Y | Y | Y | Y | ||
ceiling/light fittings | Y | Y | Y | N | stain on ceiling | |
blinds/curtains | Y | Y | Y | Y | ||
lights/power points/ door bell | Y | Y | Y | Y | ||
skirting boards | Y | Y | Y | Y | ||
floor coverings | N | Y | carpet stain near window | Y |
The tenant/s received a copy of this report on (date)—
CONDITION REPORT
Condition of premises at START of tenancy | Condition of premises at END of tenancy | ||||||||||
Key: C = Clean; U = Undamaged; W= Working | |||||||||||
C | U | W | Landlord/ agent comments | Tenant agrees | Tenant comments | C | U | W | Landlord/ agent comments | Tenant agrees | Tenant comments |
front door/screen door/security door | |||||||||||
walls/picture hooks | |||||||||||
doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points/door bell | |||||||||||
skirting boards | |||||||||||
floor coverings | |||||||||||
other | |||||||||||
walls/picture hooks | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
skirting boards | |||||||||||
floor coverings | |||||||||||
other | |||||||||||
walls/picture hooks | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
skirting boards | |||||||||||
floor coverings | |||||||||||
other | |||||||||||
walls/picture hooks | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
skirting boards | |||||||||||
floor coverings | |||||||||||
cupboards/drawers | |||||||||||
bench tops/tiling | |||||||||||
sink/taps/disposal unit | |||||||||||
stove top/hot plates | |||||||||||
oven/griller | |||||||||||
exhaust fan/range hood | |||||||||||
dishwasher | |||||||||||
other | |||||||||||
walls/picture hooks | |||||||||||
built-in wardrobe/shelves | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
skirting boards | |||||||||||
floor coverings | |||||||||||
other | |||||||||||
walls/tiles | |||||||||||
floor tiles/floor coverings | |||||||||||
doors/doorway frame | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
bath/taps | |||||||||||
shower/screen/taps | |||||||||||
wash basin/taps | |||||||||||
mirror/cabinet/vanity | |||||||||||
towel rails | |||||||||||
toilet/cistern/seat | |||||||||||
toilet roll holder | |||||||||||
heating/exhaust fan/vent | |||||||||||
other | |||||||||||
walls/picture hooks | |||||||||||
built-in wardrobe/shelves | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
skirting boards | |||||||||||
floor coverings | |||||||||||
other | |||||||||||
walls/picture hooks | |||||||||||
built-in wardrobe/shelves | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
skirting boards | |||||||||||
floor coverings | |||||||||||
other | |||||||||||
walls/tiles | |||||||||||
floor tiles/floor coverings | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
bath/taps | |||||||||||
shower/screen/taps | |||||||||||
wash basin/taps | |||||||||||
mirror/cabinet/vanity | |||||||||||
towel rails | |||||||||||
toilet/cistern/seat | |||||||||||
toilet roll holder | |||||||||||
heating/exhaust fan/vent | |||||||||||
other | |||||||||||
walls/tiles | |||||||||||
floor tiles/floor coverings | |||||||||||
doors/doorway frames | |||||||||||
windows/screens/window safety devices | |||||||||||
ceiling/light fittings | |||||||||||
blinds/curtains | |||||||||||
lights/power points | |||||||||||
washing machine/taps | |||||||||||
exhaust fan/vent | |||||||||||
washing tub | |||||||||||
dryer | |||||||||||
other | |||||||||||
external door locks | |||||||||||
window locks | |||||||||||
keys/other security devices | |||||||||||
security/alarm system | |||||||||||
smoke alarms | |||||||||||
electrical safety switch | |||||||||||
other | |||||||||||
heating/air conditioning | |||||||||||
staircase/handrails | |||||||||||
external television antenna/tv points | |||||||||||
balcony/porch/deck | |||||||||||
swimming pool | |||||||||||
swimming pool fence/gate | |||||||||||
gates/fences | |||||||||||
grounds/garden | |||||||||||
garden hose/fittings | |||||||||||
watering system | |||||||||||
lawns/edges | |||||||||||
letter box/street number | |||||||||||
water tanks/septic tanks | |||||||||||
garbage bins | |||||||||||
paving/driveways | |||||||||||
clothesline | |||||||||||
garage/carport/storeroom | |||||||||||
garden shed | |||||||||||
hot water system | |||||||||||
gutters/downpipe | |||||||||||
other |
The landlord must indicate whether the following apply to the residential premises— | |
Are the premises structurally sound? | □ Yes □ No |
Premises are structurally sound only if the—
| |
Does the premises have adequate— | |
| □ Yes □ No |
| □ Yes □ No |
| □ Yes □ No |
| □ Yes □ No |
UTILITIES | |
Are the premises— | |
| □ Yes □ No |
| □ Yes □ No |
| □ Yes □ No |
Does the premises contain bathroom facilities, including toilet and washing facilities that allow privacy for the user? | □ Yes □ No |
Does the tenant agree with all of the above? | □ Yes □ No |
If no, specify which items— |
The landlord must indicate whether the following apply to the residential premises— | |
| □ Yes □ No |
| □ Yes □ No |
| □ Yes □ No |
| □ Yes □ No |
The landlord must indicate the following— | |
Have smoke alarms been installed in the residential premises in accordance with the Environmental Planning and Assessment Act 1979 (including any regulations made under that Act)? | □ Yes □ No |
Have all the smoke alarms installed on the residential premises been checked and found to be in working order? | □ Yes □ No |
Date last checked— | |
Have the removable batteries in all the smoke alarms been replaced within the last 12 months, except for removable lithium batteries? | □ Yes □ No □ N/A |
Date batteries were last changed— | |
Have the batteries in all the smoke alarms that have a removable lithium battery been replaced in the period specified by the manufacturer of the smoke alarm? | □ Yes □ No □ N/A |
Date batteries were last changed— | |
Section 64A of the Residential Tenancies Act 2010 provides that repairs to a smoke alarm includes maintenance of a smoke alarm in working order by installing or replacing a battery in the smoke alarm. |
The landlord must indicate whether the following apply to the residential premises— | |
Are there any visible signs of damaged appliances (if appliances are included as part of the tenancy)? | □ Yes □ No |
Are there any visible hazards relating to electricity (e.g. a loose or damaged electricity outlet socket, loose wiring or sparking power points)? | □ Yes □ No |
Are there any visible hazards relating to gas (e.g. a loose or damaged gas outlet socket or an open-ended gas pipe or valve)? | □ Yes □ No |
Does the tenant agree with all of the above? | □ Yes □ No |
If no, specify which items— |
The landlord must indicate whether the following communications facilities are available— | |
| □ Yes □ No |
| □ Yes □ No |
Are the residential premises separately metered? | □ Yes □ No |
The landlord must indicate the following— | |
| □ Yes □ No |
| □ Yes □ No □ N/A |
| □ Yes □ No |
| □ Yes □ No |
Date the premises were last checked to see if it is compliant with the water efficiency measures— | |
Water meter reading at START of tenancy: Lph | |
Date of reading— | |
Water meter reading at END of tenancy: Lph | |
Date of reading— |
Landlord/agent’s Signature— |
Date— |
Tenant’s Signature— |
Date— |
[
Installation, repair or maintenance of smoke alarms— |
Painting of premises (external)— |
Painting of premises (internal)— |
Flooring laid/replaced/cleaned— |
The landlord agrees to undertake the following cleaning, repairs, additions or other work during the tenancy— |
The landlord agrees to complete that work by— |
Landlord/agent’s Signature— |
Further items and comments may be added on additional pages signed by the landlord/agent and the tenant and attached to this report. |
(Clause 23)
Under the Residential Tenancies Act
2010 (
To terminate the agreement in this way, the tenant seeking to end the tenancy (the
You can only make this declaration if—
• you are a “competent person” under the Act, that is, you are—
○ a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW), who holds general or specialist registration under that Law, or
○ a person registered as a social worker (a member of the Australian Association of Social Workers), or
○ an employee of a NSW government agency that provides services relating to child welfare, or
○ an employee of a non-government agency that receives government funding to provide services relating to—
⁃ domestic violence or sexual assault, or
⁃ refuge or emergency accommodation, or
○ a person approved by the Commissioner of Victims Rights under the Victims Rights and Support Act 2013 to provide approved counselling services under that Act, and
• you have consulted with the tenant, and
• if applicable, you have consulted with any dependent child of the tenant who is the victim of the domestic violence.
Additional information about the above categories of competent person and who can make this declaration is provided at the end of this form.
A “relevant domestic violence offender” must be the tenant’s co-tenant or former co-tenant, or an occupant or former occupant of the tenant’s residence or a person with whom the tenant has or has had a domestic relationship. For this reason, and to ensure that the rights and obligations of a co-tenant, if any, are not impacted, the tenant has to identify the relevant domestic violence offender and the name of that person has to be recorded in this declaration.
The use of the term “relevant domestic violence offender” is only to establish if the tenant is in circumstances of domestic violence under the Act. It does not mean that the person the tenant identifies as the perpetrator of the domestic violence has been convicted of a domestic violence offence.
1. Before you complete this form, you will need to assess if, in your professional opinion, the tenant, or the tenant’s dependent child, is a victim of domestic violence that occurred during the tenant’s current tenancy.
2. You are not required to prove that domestic violence has taken place . Your assessment should be based on your professional observations and the information you obtain during your consultation with the tenant and, if applicable, the tenant’s dependent child.Note. You should not, under any circumstances, contact or seek information from the relevant domestic violence offender. Doing so may put the tenant, the tenant’s dependent child or others at risk.
3. Once you have assessed the tenant and their circumstances, and if applicable, the tenant’s dependent child, you must complete all parts of this form by—
(a) entering the details of the tenant and, if applicable, the details of the tenant’s dependent child, and
(b) entering the name of the relevant domestic violence offender, based on the information the tenant provides you, and
(c) selecting the type of relationship between the tenant and the relevant domestic violence offender, based on information the tenant provides you, and
(d) completing and signing the declaration.
4. Give the completed declaration to the tenant and keep a copy for your records.
5. For further information on who can make this declaration and how to complete this form go to the Fair Trading NSW website.
Note. The Fair Trading NSW website is Knowingly providing false or misleading information in connection with this declaration may be an offence under section 105H of the Act, for which a maximum penalty of 100 penalty units or 2 years imprisonment, or both, applies. This offence can apply to the tenant, the person making this declaration, or both.
It is NOT an offence to make a declaration based on information that you believed to be true at the time of making the declaration. You are NOT required to prove that domestic violence has taken place. PART 1: Details of tenant seeking to terminate the tenancy Family name—
Given names—
Address of the rented residential premises—
Phone number or the name and contact details of a nominated person (OPTIONAL)—
Note. A separate form needs to be completed, and declaration made, for each tenant seeking to be declared a victim of domestic violence.
PART 2: Details of person being declared a victim of domestic violence 1. Who is the person being declared a victim of domestic violence?
□ the tenant
OR □ a dependent child of the tenant
Note. If the tenant is a victim of domestic violence, it is not necessary to also declare that a dependent child is a victim of domestic violence.
A
dependent child cannot be declared a victim of domestic violence if thetenant answers “no” to either of the following questions—2. Is the
dependent child wholly or partly dependent on thetenant for support?□ Yes □ No
3. Does the
dependent child occupy, whether permanently or from time to time, the residential premises specified in Part 1?□ Yes □ No
Note. The dependent child does not have to be the tenant’s child.
Details of dependent child (if applicable)
Family name—
Given names—
Date of birth—
PART 3: Details of relevant domestic violence offender and relationship with tenant
1. Who is the person
Full name— |
You are authorised to collect, hold, use or disclose personal information about a “relevant domestic violence offender” that you require to make this declaration.
2. Is the person named above, in question 1 in this Part, a co-tenant/former co-tenant or an occupant/former occupant of the residential premises specified in Part 1?
□ Yes □ No
3. What is the relationship the tenant has or had with the person named above (the “relevant domestic violence offender”)? [
The tenant and the relevant domestic violence offender are/were—
□ married to each other
□ in a de facto relationship with each other
□ in an intimate personal relationship with each other, whether or not the relationship is/was sexual
□ living in the same household
□ living as long-term residents in the same residential facility at the same time as each other, excluding facilities that are correctional centres or detention centres
□ in a relationship involving the tenant’s dependence on the ongoing paid or unpaid care of the tenant by the relevant domestic violence offender
□ relatives
□ in the case of Aboriginal persons or Torres Strait Islanders—in an extended family or kinship relationship according to the Indigenous kinship system of the culture of either the tenant or the relevant domestic violence offender
□ married to, or in a de facto or intimate personal relationship with, the same person (that is, a common third person) even if it was at different times and they have not met
• the answer to question 2 in this Part is “no” , and• the tenant and the person named above are
NOT in any of the relationships listed above in question 3 in this Part,
then the person the tenant has identified in Part 3 as the perpetrator of the domestic violence is NOT the “relevant domestic violence offender” for the purposes of this declaration. This means the declaration in Part 4 cannot be completed.
I am
Additional information about the above categories and who can make this declaration is provided at the end of this form. |
I personally consulted with the tenant and the dependent child [ |
On the basis of information obtained from the tenant and the dependent child [ |
[ |
|
|
|
|
[ |
OR |
OR |
Competent persons who are signing the declaration as approved counsellors under the Victims Rights and Support Act 2013 do not have to complete the Name of organisation part of the form. |
Please keep a copy of this form and any attachments for your own records. |
The following information is intended as general guidance only for assisting in the completion of this form and should not be relied on as legal advice.
A registered health practitioner can make this declaration if they hold either general registration under Part 7, Division 1, or specialist registration under Part 7, Division 2, of the Health Practitioner Regulation National Law (NSW) in one of the following health professions—
|
|
Social workers who are current members of the Australian Association of Social Workers (AASW) other than student members.
Further information about members of the AASW can be found on the AASW website at is an employee of a NSW government agency that provides services relating to child welfare?
An employee of a NSW government agency who works in child protection.
Information about the approved counselling services under the Victims Rights and Support Act 2013 can be found on the relevant agency’s website.
The information can be found on the Department of Communities and Justice website at 3: Am 2020 No 25, Sch 5.2[4]. Subst 2020 (717), Sch 1[4].
For the purposes of section 203 of the Act—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
Column 1 | Column 2 |
Provision | Penalty |
Section 22 | $440 |
Section 22A(1) and (3)— | |
| $550 |
| $1,100 |
Section 23(1) and (2) | $440 |
Section 26(2) and (2A) in relation to a landlord | $440 |
Section 26(4) | $440 |
Section 28 | $440 |
Section 29(2) | $440 |
Section 31A | $440 |
Section 32 | $440 |
Section 33(2) | $220 |
Section 34(1) | $220 |
Section 35(2), (3) and (4) | $1,100 |
Section 35(5) | $220 |
Section 36 | $220 |
Section 41(9) | $440 |
Section 46(1) | $440 |
Section 55A(1) | $440 |
Section 59(1) | $440 |
Section 64A(1) | $1,100 |
Section 65C(8) | $1,100 |
Section 73H | $440 |
Section 85(2)— | |
| $2,200 |
| $14,300 |
Section 86(1)— | |
| $5,500 |
| $35,750 |
Section 87(1)— | |
| $5,500 |
| $35,750 |
Section 87(2)— | |
| $2,200 |
| $14,300 |
Section 105C(3) | $1,100 |
Section 120(1) | $4,400 |
Section 157A(4) | $440 |
Section 159(4) | $1,100 |
Section 160(1) | $1,100 |
Section 161(1) | $1,100 |
Section 162(5) | $1,100 |
Section 213(3) | $1,100 |
Section 213A | $1,100 |
Section 215 | $440 |
Section 216(1) and (2) | $440 |
Section 216(3) | $220 |
Clause 23L(1) | $110 |
Residential Tenancies Regulation 2019 (629). LW 16.12.2019. Date of commencement, 23.3.2020, cl 2. This Regulation has been amended by this Regulation, cl 41D and as follows—
(147) | Residential Tenancies Amendment (COVID-19) Regulation 2020. LW 15.4.2020. Date of commencement, on publication on LW, cl 2. | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.29, assent, sec 2(1). | |
(560) | Residential Tenancies Amendment (Miscellaneous) Regulation 2020. LW 18.9.2020. Date of commencement, on publication on LW, cl 2. | |
(584) | Residential Tenancies Amendment (COVID-19) (No 2) Regulation 2020. LW 25.9.2020. Date of commencement, 16.10.2020, cl 2. | |
No 25 | Better Regulation Legislation Amendment Act 2020. Assented to 28.9.2020. Date of commencement of Sch 5.2, assent, sec 2. | |
(717) | Residential Tenancies Amendment (Declaration by Competent Person) Regulation 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
(378) | Residential Tenancies (COVID-19 Pandemic Emergency Response) Amendment Regulation 2021. LW 14.7.2021. Date of commencement, on publication on LW, cl 2. | |
(527) | Residential Tenancies Amendment (COVID-19 Pandemic Emergency Response) Regulation (No 2) 2021. LW 10.9.2021. Date of commencement, on publication on LW, sec 2. | |
No 9 | Residential Tenancies Amendment (Rental Fairness) Act 2023. Assented to 3.7.2023. Date of commencement of Sch 3, 3.8.2023, sec 2(a) and 2023 (409) LW 28.7.2023. | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 53 | Better Regulation Legislation Amendment (Miscellaneous) Act 2024. Assented to 20.8.2024. Date of commencement of Sch 1.12, assent, sec 2(b). | |
(139) | Residential Tenancies Amendment Regulation 2025. LW 2.4.2025. Date of commencement of Sch 1[1]–[6] [7], except to the extent it inserts cl 23L, and [8]–[30], immediately after the commencement of Sch 1[1]–[4], [6], [9]–[19] and [23] of the Residential Tenancies Amendment Act 2024 No 75 (ie 19.5.2025), sec 2(b) and 2025 (138) LW 2.4.2025; date of commencement of Sch 1[7], to the extent it inserts cl 23L, and [31], immediately after the commencement of Sch 1[22] of the Residential Tenancies Amendment Act 2024 No 75 (ie 1.7.2025), sec 2(a). | |
(284) | Residential Tenancies Amendment (Termination Notice for Significant Renovations or Repairs) Regulation 2025. LW 20.6.2025. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2024 No 25, Sch 3.6[1]; 2025 (139), Sch 1[1]. |
Cl 4 | Am 2025 (139), Sch 1[2]. |
Cl 5 | Subst 2025 (139), Sch 1[3]. |
Cl 6 | Am 2025 (139), Sch 1[4]. |
Cl 12A | Ins 2020 (717), Sch 1[1]. |
Cl 14 | Am 2020 (560), Sch 1[1]. |
Cl 15 | Am 2020 (560), Sch 1[2] [3]. |
Cl 16 | Am 2020 (560), Sch 1[4]–[7]. |
Cl 17 | Am 2020 (560), Sch 1[8]. |
Cl 22A | Ins 2025 (139), Sch 1[5]. |
Part 3A, heading | Ins 2025 (139), Sch 1[6]. |
Cl 23A | Ins 2025 (139), Sch 1[7]. |
Cl 23B | Ins 2025 (139), Sch 1[7]. |
Cl 23C | Ins 2025 (139), Sch 1[7]. |
Cl 23D | Ins 2025 (139), Sch 1[7]. Am 2025 (284), Sch 1[1]. |
Cl 23E | Ins 2025 (139), Sch 1[7]. |
Cl 23F | Ins 2025 (139), Sch 1[7]. |
Cl 23G | Ins 2025 (139), Sch 1[7]. |
Cl 23H | Ins 2025 (139), Sch 1[7]. |
Cl 23I | Ins 2025 (139), Sch 1[7]. |
Cl 23J | Ins 2025 (139), Sch 1[7]. Am 2025 (284), Sch 1[2] [3]. |
Cl 23K | Ins 2025 (139), Sch 1[7]. |
Cl 23L | Ins 2025 (139), Sch 1[7]. |
Cl 31 | Am 2025 (139), Sch 1[8]. |
Cl 36A | Ins 2020 (717), Sch 1[2]. |
Cl 36B | Ins 2025 (139), Sch 1[9]. |
Cl 38A | Ins 2025 (139), Sch 1[10]. |
Cl 39 | Am 2024 No 53, Sch 1.12[1] [2]; 2025 (139), Sch 1[11] [12]. |
Cl 40A | Ins 2020 (560), Sch 1[9]. Am 2025 (139), Sch 1[13] [14]. |
Part 6A | Ins 2020 (147), Sch 1. Subst 2020 (584), Sch 1[1]. Subst 2021 (378), Sch 1. Rep 2019 (629), cl 41D. |
Cl 41A | Ins 2020 (147), Sch 1. Am 2020 No 5, Sch 1.29[1]. Subst 2020 (584), Sch 1[1]. Subst 2021 (378), Sch 1. Am 2021 (527), Sch 1[1]. Rep 2019 (629), cl 41D. |
Cl 41B | Ins 2020 (147), Sch 1. Rep 2020 No 5, Sch 1.29[2]. Ins 2020 (584), Sch 1[1]. Subst 2021 (378), Sch 1. Rep 2019 (629), cl 41D. |
Cl 41C | Ins 2020 (147), Sch 1. Subst 2020 (584), Sch 1[1]. Subst 2021 (378), Sch 1. Rep 2019 (629), cl 41D. |
Cl 41CA | Ins 2021 (527), Sch 1[2]. Rep 2019 (629), cl 41D. |
Cl 41D | Ins 2020 (147), Sch 1. Subst 2020 (584), Sch 1[1]. Subst 2021 (378), Sch 1. Am 2021 (527), Sch 1[3]. Rep 2019 (629), cl 41D. |
Cl 41E | Ins 2020 (147), Sch 1. Subst 2020 (584), Sch 1[1]. Rep 2021 (378), Sch 1. |
Cl 41F | Ins 2020 (560), Sch 1[10]. Rep 2020 (584), Sch 1[1]. |
Part 7, Div 3 (cll 51–55) | Ins 2020 (560), Sch 1[11]. |
Part 7, Div 4 (cll 56–58) | Ins 2020 (584), Sch 1[2]. |
Part 7, Div 5 (cl 59) | Ins 2020 (717), Sch 1[3]. |
Part 7, Div 6 | Ins 2025 (139), Sch 1[15]. |
Cl 60 | Ins 2025 (139), Sch 1[15]. |
Part 7, Div 7 | Ins 2025 (139), Sch 1[15]. |
Cl 61 | Ins 2025 (139), Sch 1[15]. |
Sch 1 | Am 2020 (560), Sch 1[12] [13]; 2020 No 25, Sch 5.2[1] [2]; 2021 No 6, Sch 5.15; 2021 No 7, Sch 4.16; 2024 No 25, Sch 3.6[2]; 2025 (139), Sch 1[16]–[26]. |
Sch 2 | Am 2020 No 25, Sch 5.2[3]. |
Sch 3 | Am 2020 No 25, Sch 5.2[4]. Subst 2020 (717), Sch 1[4]. |
Sch 4 | Am 2023 No 9, Sch 3; 2025 (139), Sch 1[27]–[31]. |
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0
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