Division 1Division 1 Rights and obligations
17 Landlord to give tenant copy of residential tenancy agreement
(1) It is a term of every residential tenancy agreement that the landlord shall give the tenant:(a) a copy of the agreement, at or before the time the agreement is signed and given by the tenant to the landlord or a person on the landlord’s behalf, and(b) a copy of the fully executed agreement, as soon as reasonably practicable.(2) A landlord under a residential tenancy agreement shall not contravene or fail to comply with subsection (1).
It is a term of every residential tenancy agreement that the tenant shall pay the rent on or before the day set out in the agreement.
19 Landlord to pay council and water rates, land tax etc
(1) It is a term of every residential tenancy agreement that the landlord shall pay all rates, taxes or charges payable under any Act in connection with the residential premises (other than charges for electricity, gas, excess water and any other prescribed charges).(2) This section is subject to section 19A.
19A Social housing tenants to pay water charges
(1) It is a term of every social housing tenancy agreement that the tenant must pay to the landlord any charges, determined in accordance with guidelines approved by the Minister, in respect of water usage by the tenant.(2) Without limiting subsection (1), the guidelines may:(a) provide for the determination of water usage charges by reference to any of the following:(i) actual usage or estimated usage,(ii) the income of the tenant,(iii) the rent payable for the premises to which the agreement relates (whether with or without rent rebate), and(b) require water usage charges to be paid by the tenant in advance of actual usage.(3) The guidelines are to be made publicly available.(4) A copy of the guidelines is to be provided, on request, to any tenant under a social housing tenancy agreement free of charge and to other persons either free of charge or on payment of reasonable copying charges.(5) The guidelines may be amended or replaced from time to time.(6) The Energy and Water Ombudsman of NSW is to review any guidelines in force under this section as soon as possible after the period of 2 years from the date on which this section commences.
19B Payment of debts by social housing tenants
It is a term of a social housing tenancy agreement that a tenant under the agreement who incurs or has incurred a debt to the landlord in connection with that agreement or a prior social housing tenancy agreement:(a) is to enter into arrangements with the landlord, in accordance with any reasonable request of the landlord, for the payment of that debt, and(b) is to comply with those arrangements (including such arrangements entered into during the term of a prior social housing tenancy agreement) and with any variations to those arrangements that may be agreed to by the landlord and tenant.
20 Legal impediments to occupation as residence
It is a term of every residential tenancy agreement on the part of the landlord that there is not any legal impediment (of which the landlord had or ought reasonably to have had knowledge at the time of entering into the agreement) to occupation of the residential premises as a residence for the period of the tenancy.
(1) It is a term of every residential tenancy agreement that the tenant shall have vacant possession of the residential premises on the day on which the tenant is entitled to occupy those premises under the agreement.(2) This section does not apply to any part of residential premises to which the tenant does not have a right of exclusive occupation.
22 Tenant’s right to quiet enjoyment
(1) It is a term of every residential tenancy agreement that:(a) the tenant shall have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (for example, a head landlord) to that of the landlord, and(b) the landlord or the landlord’s agent shall not interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of the tenant in using the residential premises.(2) A landlord or a landlord’s agent under a residential tenancy agreement shall not, during the currency of the agreement, contravene or fail to comply with subsection (1).
(1) It is a term of every residential tenancy agreement that:(a) the tenant shall not use the residential premises, or cause or permit the premises to be used, for any illegal purpose,(b) the tenant shall not cause or permit a nuisance, and(c) the tenant shall not interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant.(2) The tenant under a residential tenancy agreement entered into in respect of social housing premises is taken to have breached a term of the agreement if the tenant, or any person who, although not a tenant, is occupying (or jointly occupying) the residential premises with the consent of the tenant:(a) intentionally or negligently causes or permits damage to any property adjoining or adjacent to the premises (including any property available for use by the tenant in common with others), or(b) uses any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for the purposes of the manufacture or sale of any prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.
24 Landlord’s access to residential premises
(1) It is a term of every residential tenancy agreement that the landlord, the landlord’s agent or any person authorised by the landlord, during the currency of the agreement, may enter the residential premises, but only in the following circumstances:(a) in an emergency (including entry for the purpose of carrying out urgent repairs),(b) to inspect the residential premises, on not more than 4 occasions in any period of 12 months, if the tenant has been given not less than 7 days’ notice on each occasion,(c) to carry out necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days’ notice on each occasion,(c1) to install a smoke alarm in the residential premises in accordance with a requirement under section 146A of the Environmental Planning and Assessment Act 1979 (or carry out any other obligation under that section) if the tenant has been given not less than 2 days notice on each occasion,(d) to show the residential premises to prospective purchasers or mortgagees, on a reasonable number of occasions, if the tenant has been given reasonable notice on each occasion,(e) to show the residential premises to prospective tenants, on a reasonable number of occasions during the period of 14 days preceding the termination of the agreement, if the tenant has been given reasonable notice on each occasion,(f) if the landlord forms a belief on reasonable grounds that the residential premises have been abandoned,(g) at any time with the consent of the tenant,(h) in accordance with an order of the Tribunal.(2) It is a term of every residential tenancy agreement that a person shall not enter the residential premises in the circumstances set out in subsection (1) (b), (c), (c1), (d) or (e):(a) on a Sunday or a public holiday, unless the tenant otherwise agrees,(b) except between the hours of 8.00 am and 8.00 pm, unless the tenant otherwise agrees, and(c) in the case of a person other than the landlord or the landlord’s agent—except with the prior written consent of the landlord or the landlord’s agent.(3) It is a term of every residential tenancy agreement that a written consent referred to in subsection (2) (c) must be produced to the tenant.(4) The Tribunal may, on application by a landlord under a residential tenancy agreement, make an order authorising the landlord or any other person to enter the residential premises.(4A) Without limiting the generality of subsection (4), the Tribunal may make an order under that subsection authorising the landlord or any other person to enter the residential premises for the purpose of determining whether the tenant has breached the term of the residential tenancy agreement set out in section 23.(5) A landlord under a residential tenancy agreement, the landlord’s agent or other person referred to in this section shall not, during the currency of the agreement, enter the residential premises except as permitted by this section.
25 Landlord’s responsibility for cleanliness and repairs
(1) It is a term of every residential tenancy agreement that:(a) the landlord shall provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant, and(b) the landlord shall provide and maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.(2) In this section:residential premises includes everything provided with the premises (whether under the residential tenancy agreement or not) for use by the tenant.
26 Cleanliness, notification of damage to residential premises etc
(1) It is a term of every residential tenancy agreement that:(a) having regard to the condition of the residential premises at the commencement of the tenancy, the tenant shall keep the residential premises in a reasonable state of cleanliness,(b) the tenant shall, as soon as practicable, notify the landlord of any damage to the residential premises,(c) the tenant shall not intentionally or negligently cause or permit any damage to the residential premises, and(d) at the termination of the tenancy, the tenant shall leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted, as set out in any condition report forming part of the residential tenancy agreement.(2) In this section:residential premises includes everything provided with the premises (whether under the residential tenancy agreement or not) for use by the tenant.
27 Alterations, additions etc to residential premises
(1) It is a term of every residential tenancy agreement that:(a) the tenant shall not, except with the landlord’s written consent or unless the agreement otherwise provides, affix any fixture or make any renovation, alteration or addition to the residential premises,(b) the tenant shall not, except with the landlord’s written consent or unless the agreement otherwise provides, remove any fixture that the tenant has affixed to the residential premises,(c) (Repealed)(d) if the tenant causes any damage to the residential premises by removing any fixture affixed by the tenant, the tenant shall notify the landlord and, at the landlord’s request, repair the damage or compensate the landlord for the landlord’s reasonable expenses in repairing the damage, and(e) if the landlord withholds or refuses consent to the removal of a fixture affixed by the tenant, the landlord shall without delay compensate the tenant for the value of the fixture.(2) Despite section 133B of the Conveyancing Act 1919 or any other law, it is not an implied term of a residential tenancy agreement that the landlord shall not unreasonably withhold or refuse consent to any proposed action by the tenant referred to in subsection (1) (a) or (b).
(1) It is a term of every residential tenancy agreement that the landlord shall, not later than 14 days after receiving a written notice from the tenant, reimburse the tenant for any reasonable costs (up to but not exceeding, in each case, $500 or such other amount as may be prescribed) incurred by the tenant in making urgent repairs to the residential premises, where:(a) the state of disrepair arose otherwise than as a result of a breach of the agreement by the tenant,(b) the tenant has given or has made a reasonable attempt to give the landlord notice of the state of disrepair,(c) if notice has been given, the tenant has given the landlord a reasonable opportunity to make the repairs,(c1) if the landlord has, in the agreement, nominated a licensed or otherwise properly qualified person or persons to carry out repairs of the kind concerned, the tenant has made a reasonable attempt to arrange for that person or one of those persons to carry out the repairs,(d) the repairs were carried out, where appropriate, by licensed or otherwise properly qualified persons, and(e) the tenant has, as soon as practicable, given or has made a reasonable attempt to give the landlord a written notice specifying details of the repairs and their costs, together with all receipts or copies of receipts for costs paid by the tenant.(2) In this section:residential premises includes everything provided with the premises (whether under the residential tenancy agreement or not) for use by the tenant.
urgent repairs means any work needed to repair any one or more of the following:
(a) a burst water service,(b) a blocked or broken lavatory system,(c) a serious roof leak,(d) a gas leak,(e) a dangerous electrical fault,(f) flooding or serious flood damage,(g) serious storm or fire damage,(h) a failure or breakdown of the gas, electricity or water supply to the residential premises,(i) a failure or breakdown of any essential service on the residential premises for hot water, cooking, heating or laundering,(j) any fault or damage that causes the residential premises to be unsafe or insecure,(k) any other prescribed damage,but does not include work needed to repair premises not owned by the landlord or a person having superior title (for example, a head landlord) to the landlord.(3) Nothing in this section prevents a tenant, with the consent of the landlord, from:(a) making repairs to the residential premises, and(b) being reimbursed for the costs of those repairs.
29 Locks and other security devices
(1) It is a term of every residential tenancy agreement that:(a) the landlord shall provide and maintain such locks or other security devices as are necessary to ensure that the residential premises are reasonably secure,(b) neither the landlord nor the tenant shall, except with reasonable excuse or the consent of the other party, alter, remove or add or cause or permit the alteration, removal or addition of any lock or other security device, and(c) a copy of the key or any other opening device or information required to open a lock or other security device which is altered, removed or added shall be given to the other party, except where the other party consents to not being given a copy or the Tribunal authorises a copy not to be given.(2) A landlord or a tenant under a residential tenancy agreement shall not, except with reasonable excuse or the consent of the other party, alter, remove or add or cause or permit the alteration, removal or addition of any lock or other security device of the residential premises.(3) It is a reasonable excuse that a lock or other security device was altered, removed or added:(a) in an emergency, or(b) in accordance with an order of the Tribunal,but this does not limit the meaning of reasonable excuse.(4) If a lock or other security device is altered, removed or added by the landlord or the tenant without the consent of the other party, it shall be presumed, in the absence of evidence to the contrary, that it was altered, removed or added by the landlord or the tenant without reasonable excuse.(5) The Tribunal may, on application by a landlord or a tenant under a residential tenancy agreement:(a) make an order authorising the landlord or the tenant to alter, remove or add any lock or other security device,(b) make an order authorising the landlord or the tenant to refuse to give to the other party a copy of a key or any other opening device or information, or(c) make an order requiring a copy of a key or any other opening device or information to be given to the landlord or the tenant,if it is satisfied that it is reasonable in the circumstances to do so.
It is a term of every residential tenancy agreement that:(a) the landlord is to ensure that smoke alarms are installed in accordance with section 146A of the Environmental Planning and Assessment Act 1979 if that section requires them to be installed in the residential premises, and(b) neither the landlord nor the tenant may, except with reasonable excuse, remove or interfere with the operation of a smoke alarm installed in the residential premises.
30 Tenant’s liability for actions of others
It is a term of every residential tenancy agreement that the tenant is vicariously responsible to the landlord for any act or omission by any other person who is lawfully on the residential premises (other than a person who has a right of entry to the premises without the tenant’s consent) that would have been a breach of the agreement if it had been an act or omission by the tenant.
31 Certain tenants may appoint agent
(1) A tenant under a residential tenancy agreement who because of:(a) intellectual impairment or physical impairment,(b) illiteracy or an inability to read or write English sufficiently well, or(c) absence from the residential premises,is unable to deal with notices or other documents given under the agreement or this Act may appoint a person as the tenant’s agent for the purpose of receiving those notices or other documents.(2) An appointment under this section:(a) may be made in the residential tenancy agreement or at any time after the agreement commences, and(b) may be revoked at any time by the tenant,and any such appointment or revocation has no effect until it is notified to the landlord or the landlord’s agent.(3) A landlord, the landlord’s agent or the Tribunal, if notified of the appointment, shall give to a person appointed by a tenant, until such time as the appointment expires or is revoked, any notices or other documents required by the residential tenancy agreement or this Act to be given to the tenant.(4) A notice or other document that is required by this section to be given to a person appointed by the tenant and that is not so given shall be deemed not to have been given to the tenant.
(1) A landlord under a residential tenancy agreement shall, at or before the time of entering into the agreement, give the tenant notice in writing of:(a) the names and residential addresses of the landlord and any person having superior title (for example, a head landlord) to that of the landlord and the name and business address of the landlord’s agent (if any), or(b) if the landlord or agent is a corporation—the name of the secretary (or, if there is no secretary, of another responsible officer of the corporation) and the address of the registered office of the corporation or, in the case of a statutory corporation, the business address of the corporation.(2) A person who succeeds another person as the landlord under a residential tenancy agreement shall, not later than 14 days after succeeding as landlord, give the tenant notice in writing of:(a) the names and residential addresses of the new landlord and any other person having superior title to that of the new landlord and the name and business address of the person’s agent (if any), or(b) if the new landlord or agent is a corporation—the name of the secretary (or, if there is no secretary, of another responsible officer of the corporation) and the address of the registered office of the corporation or, in the case of a statutory corporation, the business address of the corporation.(2A) A landlord is not required to give the tenant notice of the landlord’s residential address under this section if the landlord has given the tenant notice in writing of the business address of the landlord’s agent.(3) If a name or an address of which a current landlord is required to give notice under this section changes, a current landlord shall not fail to give the tenant notice in writing of the changed name or address within 14 days of becoming aware of the change.(4) It is a term of every residential tenancy agreement that a tenant which is a corporation (other than a statutory corporation) shall, if the address of the registered office of the corporation changes, give the landlord notice in writing of the changed address.