Contents
(2010 - 42)
- Residential Tenancies Act 2010 No 42
- Status information
- Long title
-
Part 1 Preliminary
- Division 1 General
-
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
-
Division 1 General provisions relating to
agreements
-
Part 3 Rights and obligations of landlords and
tenants
-
Division 1 Pre-agreement matters
- 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
-
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
-
Division 4 Landlord’s rights to enter residential
premises
- 55 Access generally by landlord to residential premises without 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
- Division 6 Alterations and additions to residential premises
- Division 7 Security and safety of residential premises
-
Division 1 Pre-agreement matters
- Part 4 Changes of tenant and landlord
-
Part 5 Termination of residential tenancy
agreements
- Division 1 Termination of residential tenancy agreements generally
-
Division 2 Termination by landlord
- 84 End of residential tenancy agreement at end of fixed term tenancy
- 85 Termination of periodic agreement
- 86 Sale of premises
- 87 Breach of agreement
- 88 Termination notices for non-payment of rent
- 89 Repayment of rent 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
- 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
- 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
- 104 Hardship to tenant—fixed term agreements
- 105 Termination by Tribunal on landlord’s application after termination notice given by tenant
- Division 4 Abandonment of residential premises
- Division 5 Termination by events
-
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 Goods left on residential premises
- 126 Application and interpretation
- 127 Disposal notices
- 128 Perishable goods
- 129 Storage of goods
- 130 Disposal of non-perishable goods (other than personal documents)
- 131 Disposal of personal documents
- 132 Collection of goods by former tenants or persons entitled to goods
- 133 Landlord may seek Tribunal direction
- 134 Orders by Tribunal relating to goods
- 135 Effect of disposal of goods
-
Division 1 Recovery of possession
-
Part 7 Social housing tenancy agreements
- Division 1 Preliminary
- Division 2 Acceptable behaviour agreements
- Division 3 Water usage charges, rent and other payments
- Division 4 Fixed term agreements
-
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
-
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
-
Subdivision 1 Eligibility ground
- Division 6 Exemption
- Division 7 Evidentiary certificates
-
Part 8 Rental bonds
- Division 1 Preliminary
- Division 2 Payment and 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
- Division 5 Functions of Board relating to residential accommodation
- Division 6 Financial matters
- Part 9 Powers of Tribunal
- Part 10 Enforcement
-
Part 11 Residential tenancy databases
- Division 1 Preliminary
-
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
- 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
- Schedule 1 Membership and procedure of Rental Bond Board
- Schedule 2 Savings, transitional and other provisions
- Schedule 3 (Repealed)
- Historical notes
Residential Tenancies Act 2010 No 42
Current version for 1 July 2018 to date (accessed 17 August 2018 at 21:14)
Status information
Currency of version
Current version for 1 July 2018 to date (accessed 17 August 2018 at 21:14).
Legislation on this site is usually updated within 3
working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all
commenced. See Historical notes
Does not include amendments by:
Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018 No 5 (not commenced)
Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018 No 5 (not commenced)
Responsible Minister
Minister for Innovation and Better Regulation, except part; Part 7, jointly the Minister for Innovation and Better Regulation and the Minister for Social Housing
Authorisation
This version of the legislation is compiled and maintained in
a database of legislation by the Parliamentary Counsel's Office
and published on the NSW legislation website, and is certified
as the form of that legislation that is correct under section
45C of the Interpretation Act 1987.