Residential Tenancies Act 2010 (NSW)

An Act with respect to the rights and obligations of landlords and tenants, rents, rental bonds and other matters relating to residential tenancy agreements; and for other purposes.

Sections (280)

s 1 — Name of Act
s 2 — Commencement
s 3 — Definitions
s 4 — Act to bind Crown
s 6 — Act applies to existing and future residential tenancy agreements
s 7 — Premises to which Act does not apply
s 8 — Agreements to which Act does not apply
s 8A — Application of Act to premises
s 9 — Employee and caretaker arrangements
s 10 — Application of Act to occupants in shared households
s 11 — Declaration by Tribunal
s 12 — Exemptions from operation of Act
s 13 — Agreements that are residential tenancy agreements
s 14 — Landlord’s obligation to ensure written residential tenancy agreement
s 15 — Standard residential tenancy agreements
s 16 — Written residential tenancy agreements—Tribunal orders
s 17 — Certain unexecuted residential tenancy agreements enforceable
s 18 — Fixed term agreements to continue as periodic agreements after end of fixed term
s 19 — Prohibited terms
s 20 — Mandatory terms may be varied for long term leases
s 21 — Inconsistent and prohibited terms void
s 22 — Offence relating to terms of residential tenancy agreements
s 22A — Prohibition on certain matters relating to advertising or soliciting amounts of rent
s 23 — Limit on amounts payable by tenant before agreement
s 24 — Holding fees
s 25 — Disputes about holding fees
s 26 — Disclosure of information to tenants generally
s 27 — Names and addresses to be provided
s 28 — Tenant entitled to copy of residential tenancy agreement
s 29 — Condition reports
s 30 — Condition report evidence of condition of premises
s 31 — Remedies for disputes about condition reports
s 31A — Landlord’s information statement
s 32 — Kinds of payments that tenant may be required to pay for residential tenancy agreement
s 33 — Payment of rent by tenant
s 34 — Acceptance of rent by landlord
s 35 — Tenant must be offered way to pay rent that is free and convenient
s 36 — Rent receipts
s 37 — Rent records
s 38 — Utility charges payable by tenant
s 39 — Water usage charges payable by tenant
s 40 — Payment of rates, taxes and certain utility charges by landlord
s 41 — Rent increases
s 43 — Rent reductions
s 44 — Tenant’s remedies for excessive rent
s 45 — Remedies for reduction of rent on frustration of residential tenancy agreement
s 46 — Contraventions of rent order
s 47 — Tenant’s remedies for repayment of rent and excess charges
s 48 — Landlord may recover certain rent expenses
s 49 — Occupation of residential premises as residence
s 50 — Tenant’s right to quiet enjoyment
s 51 — Use of premises by tenant
s 52 — Landlord’s general obligations for residential premises
s 53 — Sale of residential premises
s 54 — Liability of tenant for actions of others
s 54A — Limit on liability of tenant for actions of other tenants occurring during domestic violence offences
s 55 — Access generally by landlord to residential premises without consent
s 55A — Publishing photographs of residential premises with tenant’s consent
s 56 — Entry with tenant’s consent
s 57 — Limits on entry by landlord or others without consent
s 58 — Duty of tenant to give access to residential premises
s 59 — Landlord must only enter premises in accordance with Division
s 60 — Landlord’s remedies relating to access to premises
s 61 — Tenant’s remedies relating to access to premises
s 62 — Definitions
s 63 — Landlord’s general obligation
s 64 — Urgent repairs to residential premises
s 64A — Carrying out repairs to smoke alarms as a matter of urgency
s 65 — Tenants’ remedies for repairs—Tribunal orders
s 65A — Definitions
s 65B — Damage to premises—investigation by Secretary
s 65C — Breaches of landlord’s general obligation—investigation by Secretary
s 65D — Application to Tribunal
s 66 — Tenant must not make alterations to premises without consent
s 67 — Removal of fixtures installed by tenant
s 68 — Tenants’ remedies for alterations
s 69 — Landlords’ remedies for alterations
s 70 — Locks and other security devices
s 71 — Changes of locks and other security devices
s 72 — Copies of changed locks and other security devices to be given to other party
s 73 — Remedies for security of residential premises
s 73A — Definitions
s 73B — Keeping of pets with landlord’s consent
s 73C — Application for landlord’s consent
s 73D — Requirement to respond to application
s 73E — Reasonable conditions of consent
s 73F — Only grounds for refusing to give consent
s 73G — Application to Tribunal
s 73H — Advertising
s 73I — Effect of consent
s 74 — Transfer of tenancy or sub-letting by tenant
s 75 — Consent to transfer of tenancy or sub-letting
s 76 — Notice of sale of residential premises by landlord
s 77 — Recognition of certain persons as tenants
s 78 — Death of co-tenant
s 79 — Change of tenants after AVO
s 80 — Definitions
s 81 — Circumstances of termination of residential tenancies
s 82 — Termination notices
s 83 — Termination orders
s 84 — Subdivision sets out grounds for giving termination notice
s 85 — Information and documents to be given with termination notice
s 86 — Offence for terminating when ground not genuine
s 87 — Offence of entering into new agreement within exclusion period
s 87A — Wrongly terminated tenancy does not invalidate later tenancy
s 87B — Subdivision does not apply to long-term tenancy
s 87C — Breach of tenancy agreement
s 87D — Actual sale of premises
s 87E — Proposed sale of premises
s 87F — Significant renovations or repairs to premises
s 87G — Demolition of premises
s 87H — Tenant no longer eligible for affordable housing scheme
s 87I — Tenant no longer eligible for transitional housing program
s 87J — Premises required for key worker accommodation
s 87K — Tenant no longer eligible for student accommodation
s 87L — Premises no longer to be used as rented residential premises
s 87M — Landlord or family will reside at the premises
s 87N — Employee and caretaker residential tenancy agreements
s 88 — Termination notices for non-payment of rent or charges
s 89 — Repayment of rent and charges owing following issue of non-payment termination notice
s 89A — Premises not vacated after termination notice
s 90 — Serious damage or injury by tenant or other occupant
s 91 — Use of premises for illegal purposes
s 92 — Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment
s 92A — Termination by Tribunal—tenant rectification orders
s 93 — Hardship to landlord
s 94 — Termination of long term tenancies
s 95 — Occupants remaining in residential premises
s 96 — End of fixed term agreement
s 97 — Termination of periodic agreement by tenant
s 98 — Breach of agreement—termination notice by tenant
s 98A — Contravention by landlord of information disclosure provisions—termination notice by tenant
s 99 — Rent increases during long-term fixed term leases—termination notice by tenant
s 100 — Early termination without compensation to landlord
s 101 — Termination by co-tenant of own tenancy
s 102 — Termination of agreement or co-tenancies by Tribunal
s 103 — Breach of agreement—termination by Tribunal
s 103A — Contravention by landlord of information disclosure provisions—termination by Tribunal
s 104 — Hardship to tenant—fixed term agreements
s 105 — Termination by Tribunal on landlord’s application after termination notice given by tenant
s 105A — Definitions
s 105B — Right of early termination
s 105C — Domestic violence termination notice
s 105D — Effect of giving domestic violence termination notice
s 105E — Orders of Tribunal
s 105F — Contents of declaration by competent person not reviewable
s 105G — Right to terminate in addition to other rights
s 105H — False or misleading information
s 105I — Review of this Division and other provisions
s 106 — Abandoned premises
s 107 — Landlord’s remedies on abandonment
s 108 — Death of tenant
s 109 — Agreement frustrated—destruction of, or uninhabitable, premises
s 110 — Early vacation of premises if tenant gives termination notice
s 110A — Early vacation of premises—periodic tenancy if landlord gives termination notice
s 110B — Early vacation of premises—fixed term tenancy if landlord gives termination notice
s 111 — Disputes about termination
s 112 — Withdrawal of termination notices
s 113 — Defects in termination notices
s 114 — Suspension of possession orders
s 115 — Retaliatory evictions
s 116 — Accrual of rent on termination
s 117 — Acceptance of rent after termination notice
s 118 — Other notices
s 119 — Prohibition on certain recovery proceedings in courts
s 120 — Repossession of residential premises—offences
s 121 — Enforcement of orders for possession
s 122 — Mortgagee repossessions of rented properties
s 123 — Liability of tenant remaining in possession after termination
s 124 — Notice of proposed recovery of premises by person with superior title
s 125 — Order for tenancy against person with superior title
s 136 — Definitions
s 137 — Application of Part
s 138 — Acceptable behaviour agreements for tenants
s 139 — Social housing tenants to pay charges for water
s 140 — Payment of debts by social housing tenants
s 141 — Cancellation or reduction of rent rebates
s 142 — Extension of social housing tenancies
s 143 — Termination notice may be given on ground that tenant not eligible for social housing
s 144 — Eligibility assessments of social housing tenants
s 145 — Review of decision to give notice on ground that tenant not eligible for social housing
s 146 — Time periods to be observed in giving termination notice on ground that tenant not eligible for social housing
s 147 — Termination by Tribunal on eligibility ground
s 148 — Termination notice may be given on ground that tenant offered alternative social housing premises
s 149 — Review of decision to give termination notice on ground that tenant offered alternative social housing premises
s 150 — Time periods to be observed in giving termination notice on ground that tenant offered alternative social housing premises
s 151 — Termination by Tribunal on alternative premises ground
s 153 — Termination notice—acceptable behaviour agreements
s 154 — Termination by Tribunal on behaviour ground
s 154A — Termination notice for non-payment of amount payable on variation or cancellation of rent rebate
s 154B — Tribunal must have regard to breaches of prior social housing tenancy agreements and to series of breaches
s 154C — Scheme for recording strikes against tenant for breaches
s 154D — Tribunal required to make termination order in certain circumstances
s 154E — Exercise of discretion to make termination order
s 154F — Neighbourhood impact statement
s 154FA — Termination by Tribunal in certain cases of tenant fraud
s 154G — Order for possession
s 155 — Operation of Division
s 156 — Head leases involving social housing providers
s 156A — Evidentiary certificate for strike notice
s 156B — Evidentiary certificate of cost of work
s 156C — Termination notice for non-payment of rental bond
s 156D — Payment of rental bond during social housing tenancy agreements
s 157 — Definitions
s 157A — Online rental bond service
s 158 — Mortgagee in possession may exercise functions
s 159 — Payment of bonds
s 160 — Other security may not be required
s 161 — One rental bond for each agreement
s 162 — Deposit of rental bonds
s 163 — Claims for rental bonds
s 164 — Claim notice to be given to other party
s 165 — Notice to tenants of claims against tenants
s 166 — Matters that may be subject of rental bond claim
s 167 — Payment where no dispute
s 168 — Disputed rental bond claims
s 169 — Appeals may be made despite payment
s 170 — Payment to other persons
s 171 — Payment to Secretary of the Department of Family and Community Services
s 172 — Secretary not required to pay excess amount
s 173 — Payment of interest by Secretary on rental bond amounts
s 174 — Repayment of bond to former co-tenant
s 175 — Powers of Tribunal
s 176 — Proof of deposit of bond
s 177 — Constitution of Rental Bond Board
s 178 — Members of Rental Bond Board
s 179 — Delegation
s 180 — Joint ventures for residential accommodation
s 181 — Joint venture powers
s 182 — Investment in residential accommodation unit trusts
s 183 — Guarantees etc by Board
s 184 — Finance
s 185 — Rental Bond Account
s 186 — Rental Bond Interest Account
s 186A — Regulations may establish rental bond roll-over scheme
s 187 — Orders that may be made by Tribunal
s 188 — General order-making power of Tribunal
s 189 — Application of provisions relating to Tribunal
s 190 — Applications relating to breaches of residential tenancy agreements
s 191 — Matters for consideration by Tribunal in applications relating to security breaches
s 192 — Secretary may represent persons
s 193 — Secretary may take or defend proceedings
s 194 — Conduct of proceedings by Secretary
s 195 — Intervention by Secretary
s 196 — Powers of entry and other powers
s 197 — Power of investigator to obtain information, documents and evidence
s 198 — Obstruction of investigator
s 199 — Taking possession of documents to be used as evidence
s 200 — Search warrants
s 201 — Application of Fair Trading Act 1987
s 202 — Nature of proceedings for offences
s 203 — Penalty notices
s 204 — Offences by corporations
s 205 — Aiding and abetting etc
s 206 — Appointment of landlord’s agents
s 207 — Administrative review by Tribunal
s 208 — Costs in court proceedings
s 209 — Definitions
s 210 — Application of Part
s 211 — Notice of database and listing
s 212 — Listing can be made only for particular breaches by particular persons
s 213 — Further restriction on listing
s 213A — Further restriction on listing—domestic violence
s 214 — Ensuring quality of listing—landlord’s and agent’s obligation
s 215 — Ensuring quality of listing—database operator’s obligation
s 216 — Provision of copies of listed personal information
s 217 — Disputes about listings
s 218 — Limit on period of listing
s 219 — Contracting out prohibited
s 220 — Contracts Review Act 1980
s 221 — Tenants’ agents
s 222 — Functions of Secretary
s 222A — Collection of data of evictions
s 223 — Service of notices and other documents
s 224 — Regulations
s 225 — Exclusion of personal liability
s 226 — Savings and transitional provisions
s 227 — Review of Act
s 228 — Review of sections 154D and 154G
s 229 — Statutory review

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.