Section 40 — Residential Tenancies Act 2010 (NSW)

(1) A landlord must pay the following charges for the residential premises—
(a) rates, taxes or charges payable under any Act (other than charges payable by the tenant under this Division),
(b) the installation costs and charges for initial connection to the residential premises of an electricity, water, gas, bottled gas or oil supply service,
(c) all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises that are not separately metered,
(d) the costs and charges for the supply or hire of gas bottles for the supply of bottled gas at the commencement of the tenancy,
(e) all charges (other than water usage charges) in connection with a water supply service to separately metered residential premises,
(f) all charges in connection with a water supply service to residential premises that are not separately metered,
(g) all charges for the supply of sewerage services (other than for pump out septic services) or the supply or use of drainage services to the residential premises,
(h) any other charges prescribed by the regulations.
(1A) The regulations may exempt a landlord, or class of landlords, in specified circumstances, from the requirement to pay a charge under this section.
(2) This section is a term of every residential tenancy agreement.

Related sections

• s 37 — Rent records
• s 38 — Utility charges payable by tenant
• s 39 — Water usage charges payable by tenant
• s 41 — Rent increases
• s 43 — Rent reductions
• s 44 — Tenant’s remedies for excessive rent

Research how courts apply s 40

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