Renting Tips

Reproduced is a copy of The Office of Fair Trading Renting Guide.

The Renting Guide 
When you rent a house or unit in NSW you have rights and responsibilities. This fact sheet outlines your basic rights and responsibilities as a tenant.

 

Under the law your landlord or agent must give you a tenancy agreement. This agreement must be in writing. Once you sign the agreement you must receive a copy of it and a copy of this fact sheet.

The tenancy agreement comes in two parts:
• Part 1 – The terms of the agreement. This sets out what you and your landlord agree to do during the tenancy.
• Part 2 – A condition report. This describes the condition of the premises at the time you move in.

If you believe the condition report is not accurate because it fails to include things like a cracked shower screen, you should make a note of this and anything else that is missing from the report. Return it to your landlord or managing agent within 7 days. Make sure to keep a copy. The condition report is important if a dispute arises over the condition of the premises at the end of the tenancy.

It is important you understand what you are agreeing to before you sign the terms of the agreement. If you have difficulty reading English, you will need to ask someone who speaks your language to interpret the agreement for you.

IMPORTANT – Always check the condition report very carefully. If you don’t, you may have to pay for damage that existed before you moved in.

 

 

You will usually be required to pay rent in advance from the first day of your tenancy:
• up to 2 weeks rent in advance if the weekly rent is $300 or less, or
• up to 1 calendar month’s rent in advance if the weekly rent is more than $300.

In addition, you will usually be asked to pay a rental bond. This is a form of security for the landlord in case you owe money for rent or damage to the premises at the end of the tenancy.

For unfurnished premises the bond is a maximum of 4 weeks rent. Make sure you get a written receipt if you pay a bond. Your landlord or agent must lodge the bond money with the Fair Trading within 7 days. You will then receive an advice of lodgement from Fair Trading. Contact Fair Trading if you do not receive a rental bond receipt. The amount of the bond should be written on the tenancy agreement.

You may also be asked to pay half the cost of preparing the Residential Tenancy Agreement. An amount of up to $15, inclusive of GST, may be charged.

You and the landlord should agree on the rent you will pay and the method of payment before you move in. Make sure these arrangements are written into your tenancy agreement. The landlord or agent must always give you a receipt for your rent unless you deposit the money into a bank account.

The landlord or agent must give you at least 60 days written notice if they want to increase the rent outside of the fixed-term of the tenancy agreement.

IMPORTANT – Before agreeing to pay your rent through a ‘rent collection’ service, be aware that you may be charged a fee.

 

The landlord or agent must make sure the premises are reasonably clean and fit to live in when you move in. The landlord or agent must then maintain the premises to a reasonable standard by carrying out repairs and maintenance if needed.

From 1 May 2006, when the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006 came into effect, the landlord is responsible for fitting a smoke alarm to the premises. The landlord has the right of access to fit the required alarm/s but must give at least 2 days notice. The landlord must fit a new battery (if the alarm has a replaceable battery) at the beginning of the tenancy. During the tenancy you are responsible for replacing batteries unless physically unable, in which case you must advise the landlord that the battery needs to be replaced.

You must not attach any fixture or make any renovation, alteration or addition to the premises without written permission from the landlord or agent.

You must not intentionally or negligently damage the premises. You are responsible for damage caused by other occupants of the premises or any person you allow on the premises.

You must notify the landlord or agent of any damage to the premises as soon as possible, regardless of who or what caused the damage. It is a good idea to put it in writing.

 

An urgent repair is when something breaks that may make the premises unfit to live in or cause a potential safety risk or interrupt access to water, gas or electricity supplies. If the premises need urgent repairs, tell the landlord or agent immediately. Urgent repairs are listed in your tenancy agreement.

The landlord or agent is then obliged to organise urgent repairs as soon as reasonably possible. If they do not do this within a reasonable period, you can arrange to have the urgent repair fixed and spend up to $1,000 doing so.

Your tenancy agreement may have tradespeople listed that you could use. The landlord or agent must repay the money you spent within 14 days after receiving written notice from you, so long as the amount was reasonable.

IMPORTANT – Before doing urgent repairs, make certain they really are urgent. If you are unsure, contact Fair Trading or your local tenant advisory service.

 

Written notice must be given by either landlord or tenant if a tenancy agreement is to be ended. The notice can be posted or given personally. A notice cannot be stuck to or put under a door by the person sending the notice.

 

It is your responsibility to leave the premises as near as possible in the same condition, fair wear and tear excepted, as set out in the original condition report.

 

 

The Consumer, Trader and Tenancy Tribunal provide a quick and low cost dispute resolution service for tenants, landlords, traders and consumers.

Application forms are available online at www.cttt.nsw.gov.au and at Fair Trading Centres. You can lodge your completed form online, at Fair Trading Centres, at Tribunal registries or your Local Court.

The following may assist you in avoiding problems:
• if you receive a notice of a Tribunal hearing you should always attend
• make sure you have read and understood the tenancy agreement before you sign it
• take good care of the premises
• do not interfere with the peace, comfort or privacy of your neighbours
• confirm anything you agree to in writing and send your landlord or agent a copy
• keep paying the rent even if you are having a dispute with the landlord. Contact Fair Trading or an advisory service for help to resolve the dispute.