New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010

- As at 31 October 2024 
- Act 42 of 2010 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - General

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Act to bind Crown
   5.      (Repealed)

           Division 2 - Application of Act

   6.      Act applies to existing and future residential tenancy agreements
   7.      Premises to which Act does not apply
   8.      Agreements to which Act does not apply
   8A.     Application of Act to premises
   9.      Employee and caretaker arrangements
   10.     Application of Act to occupants in shared households
   11.     Declaration by Tribunal
   12.     Exemptions from operation of Act

   PART 2 - RESIDENTIAL TENANCY AGREEMENTS

           Division 1 - General provisions relating to agreements

   13.     Agreements that are residential tenancy agreements
   14.     Landlord's obligation to ensure written residential tenancy agreement
   15.     Standard residential tenancy agreements
   16.     Written residential tenancy agreements--Tribunal orders
   17.     Certain unexecuted residential tenancy agreements enforceable
   18.     Fixed term agreements to continue as periodic agreements after end of fixed term

           Division 2 - Terms of residential tenancy agreements

   19.     Prohibited terms
   20.     Mandatory terms may be varied for long term leases
   21.     Inconsistent and prohibited terms void
   22.     Offence relating to terms of residential tenancy agreements

   PART 3 - RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS

           Division 1 - Pre-agreement matters

   22A.    Prohibition on certain matters relating to advertising or soliciting amounts of rent
   23.     Limit on amounts payable by tenant before agreement
   24.     Holding fees
   25.     Disputes about holding fees
   26.     Disclosure of information to tenants generally
   27.     Names and addresses to be provided
   28.     Tenant entitled to copy of residential tenancy agreement
   29.     Condition reports
   30.     Condition report evidence of condition of premises
   31.     Remedies for disputes about condition reports
   31A.    Landlord's information statement

           Division 2 - Rent and other payments

   32.     Kinds of payments that tenant may be required to pay for residential tenancy agreement
   33.     Payment of rent by tenant
   34.     Acceptance of rent by landlord
   35.     Manner of payment of rent
   36.     Rent receipts
   37.     Rent records
   38.     Utility charges payable by tenant
   39.     Water usage charges payable by tenant
   40.     Payment of rates, taxes and certain utility charges by landlord
   41.     Rent increases
   42.     Rent increases under fixed term agreements
   43.     Rent reductions
   44.     Tenant's remedies for excessive rent
   45.     Remedies for reduction of rent on frustration of residential tenancy agreement
   46.     Contraventions of rent order
   47.     Tenant's remedies for repayment of rent and excess charges
   48.     Landlord may recover certain rent expenses

           Division 3 - Occupation and use of residential premises

   49.     Occupation of residential premises as residence
   50.     Tenant's right to quiet enjoyment
   51.     Use of premises by tenant
   52.     Landlord's general obligations for residential premises
   53.     Sale of residential premises
   54.     Liability of tenant for actions of others
   54A.    Limit on liability of tenant for actions of other tenants occurring during domestic violence offences

           Division 4 - Landlord's rights to enter residential premises

   55.     Access generally by landlord to residential premises without consent
   55A.    Publishing photographs of residential premises with tenant's consent
   56.     Entry with tenant's consent
   57.     Limits on entry by landlord or others without consent
   58.     Duty of tenant to give access to residential premises
   59.     Landlord must only enter premises in accordance with Division
   60.     Landlord's remedies relating to access to premises
   61.     Tenant's remedies relating to access to premises

           Division 5 - Repairs to premises

   62.     Definitions
   63.     Landlord's general obligation
   64.     Urgent repairs to residential premises
   64A.    Carrying out repairs to smoke alarms as a matter of urgency
   65.     Tenants' remedies for repairs--Tribunal orders

           Division 5A - Rectification orders

   65A.    Definitions
   65B.    Damage to premises--investigation by Secretary
   65C.    Breaches of landlord's general obligation--investigation by Secretary
   65D.    Application to Tribunal

           Division 6 - Alterations and additions to residential premises

   66.     Tenant must not make alterations to premises without consent
   67.     Removal of fixtures installed by tenant
   68.     Tenants' remedies for alterations
   69.     Landlords' remedies for alterations

           Division 7 - Security and safety of residential premises

   70.     Locks and other security devices
   71.     Changes of locks and other security devices
   72.     Copies of changed locks and other security devices to be given to other party
   73.     Remedies for security of residential premises

   PART 4 - CHANGES OF TENANT AND LANDLORD

   74.     Transfer of tenancy or sub-letting by tenant
   75.     Consent to transfer of tenancy or sub-letting
   76.     Notice of sale of residential premises by landlord
   77.     Recognition of certain persons as tenants
   78.     Death of co-tenant
   79.     Change of tenants after AVO

   PART 5 - TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS

           Division 1 - Termination of residential tenancy agreements generally

   80.     Definitions
   81.     Circumstances of termination of residential tenancies
   82.     Termination notices
   83.     Termination orders

           Division 2 - Termination by landlord

   84.     End of residential tenancy agreement at end of fixed term tenancy
   85.     Termination of periodic agreement--no grounds required to be given
   86.     Sale of premises
   87.     Breach of agreement
   88.     Termination notices for non-payment of rent or charges
   89.     Repayment of rent and charges owing following issue of non-payment termination notice
   90.     Serious damage or injury by tenant or other occupant
   91.     Use of premises for illegal purposes
   92.     Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment
   92A.    Termination by Tribunal--tenant rectification orders
   93.     Hardship to landlord
   94.     Termination of long term tenancies
   95.     Occupants remaining in residential premises

           Division 3 - Termination by tenant

   96.     End of fixed term agreement
   97.     Termination of periodic agreement by tenant
   98.     Breach of agreement--termination notice by tenant
   98A.    Contravention by landlord of information disclosure provisions--termination notice by tenant
   99.     Rent increases during long-term fixed term leases--termination notice by tenant
   100.    Early termination without compensation to landlord
   101.    Termination by co-tenant of own tenancy
   102.    Termination of agreement or co-tenancies by Tribunal
   103.    Breach of agreement--termination by Tribunal
   103A.   Contravention by landlord of information disclosure provisions--termination by Tribunal
   104.    Hardship to tenant--fixed term agreements
   105.    Termination by Tribunal on landlord's application after termination notice given by tenant

           Division 3A - Termination by tenant--circumstances of domestic violence

   105A.   Definitions
   105B.   Right of early termination
   105C.   Domestic violence termination notice
   105D.   Effect of giving domestic violence termination notice
   105E.   Orders of Tribunal
   105F.   Contents of declaration by competent person not reviewable
   105G.   Right to terminate in addition to other rights
   105H.   False or misleading information
   105I.   Review of this Division and other provisions

           Division 4 - Abandonment of residential premises

   106.    Abandoned premises
   107.    Landlord's remedies on abandonment

           Division 5 - Termination by events

   108.    Death of tenant
   109.    Agreement frustrated--destruction of, or uninhabitable, premises

           Division 6 - Miscellaneous

   110.    Tenant may vacate at any time before termination date specified by landlord
   111.    Disputes about termination
   112.    Withdrawal of termination notices
   113.    Defects in termination notices
   114.    Suspension of possession orders
   115.    Retaliatory evictions
   116.    Accrual of rent on termination
   117.    Acceptance of rent after termination notice
   118.    Other notices

   PART 6 - RECOVERY OF POSSESSION OF PREMISES

           Division 1 - Recovery of possession

   119.    Prohibition on certain recovery proceedings in courts
   120.    Repossession of residential premises--offences
   121.    Enforcement of orders for possession
   122.    Mortgagee repossessions of rented properties
   123.    Liability of tenant remaining in possession after termination
   124.    Notice of proposed recovery of premises by person with superior title
   125.    Order for tenancy against person with superior title

           Division 2 - (Repealed)
           None

   PART 7 - SOCIAL HOUSING TENANCY AGREEMENTS

           Division 1 - Preliminary

   136.    Definitions
   137.    Application of Part

           Division 2 - Acceptable behaviour agreements

   138.    Acceptable behaviour agreements for tenants

           Division 3 - Water usage charges, rent and other payments

   139.    Social housing tenants to pay charges for water
   140.    Payment of debts by social housing tenants
   141.    Cancellation or reduction of rent rebates

           Division 4 - Fixed term agreements

   142.    Extension of social housing tenancies

           Division 5 - Termination of social housing tenancy agreements

              Subdivision 1 - Eligibility ground

   143.    Termination notice may be given on ground that tenant not eligible for social housing
   144.    Eligibility assessments of social housing tenants
   145.    Review of decision to give notice on ground that tenant not eligible for social housing
   146.    Time periods to be observed in giving termination notice on ground that tenant not eligible for social housing
   147.    Termination by Tribunal on eligibility ground

              Subdivision 2 - Alternative premises ground

   148.    Termination notice may be given on ground that tenant offered alternative social housing premises
   149.    Review of decision to give termination notice on ground that tenant offered alternative social housing premises
   150.    Time periods to be observed in giving termination notice on ground that tenant offered alternative social housing premises
   151.    Termination by Tribunal on alternative premises ground
   152.    (Repealed)

              Subdivision 3 - Behaviour ground

   153.    Termination notice--acceptable behaviour agreements
   154.    Termination by Tribunal on behaviour ground

              Subdivision 4 - Breach of agreement

   154A.   Termination notice for non-payment of amount payable on variation or cancellation of rent rebate
   154B.   Tribunal must have regard to breaches of prior social housing tenancy agreements and to series of breaches
   154C.   Scheme for recording strikes against tenant for breaches
   154D.   Tribunal required to make termination order in certain circumstances
   154E.   Exercise of discretion to make termination order
   154F.   Neighbourhood impact statement

              Subdivision 5 - Miscellaneous

   154FA.  Termination by Tribunal in certain cases of tenant fraud
   154G.   Order for possession
   155.    Operation of Division

           Division 6 - Exemption

   156.    Head leases involving social housing providers

           Division 7 - Evidentiary certificates

   156A.   Evidentiary certificate for strike notice
   156B.   Evidentiary certificate of cost of work

           Division 8 - Rental bonds

   156C.   Termination notice for non-payment of rental bond
   156D.   Payment of rental bond during social housing tenancy agreements

   PART 8 - RENTAL BONDS

           Division 1 - Preliminary

   157.    Definitions
   157A.   Online rental bond service
   158.    Mortgagee in possession may exercise functions

           Division 2 - Payment and deposit of rental bonds

   159.    Payment of bonds
   160.    Other security may not be required
   161.    One rental bond for each agreement
   162.    Deposit of rental bonds

           Division 3 - Release of rental bonds

   163.    Claims for rental bonds
   164.    Claim notice to be given to other party
   165.    Notice to tenants of claims against tenants
   166.    Matters that may be subject of rental bond claim
   167.    Payment where no dispute
   168.    Disputed rental bond claims
   169.    Appeals may be made despite payment
   170.    Payment to other persons
   171.    Payment to Secretary of the Department of Family and Community Services
   172.    Secretary not required to pay excess amount
   173.    Payment of interest by Secretary on rental bond amounts
   174.    Repayment of bond to former co-tenant
   175.    Powers of Tribunal
   176.    Proof of deposit of bond

           Division 4 - Rental Bond Board

   177.    Constitution of Rental Bond Board
   178.    Members of Rental Bond Board
   179.    Delegation

           Division 5 - Functions of Board relating to residential accommodation

   180.    Joint ventures for residential accommodation
   181.    Joint venture powers
   182.    Investment in residential accommodation unit trusts
   183.    Guarantees etc by Board
   184.    Finance

           Division 6 - Financial matters

   185.    Rental Bond Account
   186.    Rental Bond Interest Account

           Division 7 - Roll-over of existing rental bond

   186A.   Regulations may establish rental bond roll-over scheme

   PART 9 - POWERS OF TRIBUNAL

           Division 1 - General powers of Tribunal

   187.    Orders that may be made by Tribunal
   188.    General order-making power of Tribunal
   189.    Application of provisions relating to Tribunal

           Division 2 - Powers of Tribunal relating to breaches of residential tenancy agreements

   190.    Applications relating to breaches of residential tenancy agreements
   191.    Matters for consideration by Tribunal in applications relating to security breaches

           Division 3 - Powers of Secretary in proceedings

   192.    Secretary may represent persons
   193.    Secretary may take or defend proceedings
   194.    Conduct of proceedings by Secretary
   195.    Intervention by Secretary

   PART 10 - ENFORCEMENT

           Division 1 - Powers of investigators

   196.    Powers of entry and other powers
   197.    Power of investigator to obtain information, documents and evidence
   198.    Obstruction of investigator
   199.    Taking possession of documents to be used as evidence
   200.    Search warrants
   201.    Application of Fair Trading Act 1987

           Division 2 - Offences

   202.    Nature of proceedings for offences
   203.    Penalty notices
   204.    Offences by corporations
   205.    Aiding and abetting etc

           Division 3 - Mandatory appointment of agents for landlords

   206.    Appointment of landlord's agents
   207.    Administrative review by Tribunal

           Division 4 - Costs in certain court proceedings

   208.    Costs in court proceedings

   PART 11 - RESIDENTIAL TENANCY DATABASES

           Division 1 - Preliminary

   209.    Definitions
   210.    Application of Part

           Division 2 - Tenancy database information

   211.    Notice of database and listing
   212.    Listing can be made only for particular breaches by particular persons
   213.    Further restriction on listing
   213A.   Further restriction on listing--domestic violence
   214.    Ensuring quality of listing--landlord's and agent's obligation
   215.    Ensuring quality of listing--database operator's obligation
   216.    Provision of copies of listed personal information
   217.    Disputes about listings
   218.    Limit on period of listing

   PART 12 - MISCELLANEOUS

   219.    Contracting out prohibited
   220.    Contracts Review Act 1980
   221.    Tenants' agents
   222.    Functions of Secretary
   223.    Service of notices and other documents
   224.    Regulations
   225.    Exclusion of personal liability
   226.    Savings and transitional provisions
   227.    Review of Act
   228.    Review of sections 154D and 154G

   PART 13 - (Repealed)
   None
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)