Section 19 — Residential Tenancies Act 2010 (NSW)

(1) A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.
(2) Terms having the following effects must not be included in a residential tenancy agreement—
(a) that the tenant must, at the end of the tenancy—
(i) have the carpet professionally cleaned or pay for the carpet to be professionally cleaned, or
(ii) have the premises, or part of the premises, professionally fumigated or pay for the premises, or part of the premises, to be professionally fumigated,
(b) that the tenant must take out a specified, or any, form of insurance,
(c) exempting the landlord from liability for any act or omission by the landlord, the landlord’s agent or any person acting on behalf of the landlord or landlord’s agent,
(d) that, if the tenant breaches the agreement, the tenant is liable to pay all or any part of the remaining rent under the agreement, increased rent, a penalty or liquidated damages,
(e) that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit,
(f) that the tenant must use the services of a specified person or business to carry out any of the tenant’s obligations under the agreement.
(3) Subsection (2)(a) does not prevent a reasonable condition being imposed by a landlord in a consent granted under Part 3, Division 8.

Related sections

• 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 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

Research how courts apply s 19

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.