NSW Quick Reference FOR SELF MANAGED LANDLORDS - Lynda Galway - RentEzy
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NSW Quick Reference FOR SELF MANAGED LANDLORDS Lynda Galway OPEN4RENT® PTY LTD | RENTEZY®.COM.AU | AS AT 28 JANUARY 2020
RentEzy®.com.au
Contents
General obligations as a landlord: .................................................................................................. 2
Screening tenants: .......................................................................................................................... 2
Safety responsibilities: .................................................................................................................... 2
At the commencement of a tenancy agreement: ........................................................................... 3
Rent payments: ............................................................................................................................... 4
Serving notices: .............................................................................................................................. 4
Entering premises: .......................................................................................................................... 4
Repairs:........................................................................................................................................... 5
Alterations to premises: .................................................................................................................. 5
Property Inspections: ...................................................................................................................... 5
New tenant inspections:.................................................................................................................. 5
Prospective buyer’s inspections: .................................................................................................... 6
Rent increases: ............................................................................................................................... 6
Domestic violence (DV): ................................................................................................................. 6
Abandonment or concern for tenants: ............................................................................................ 6
NSW Civil and Administrative Tribunal (NCAT) orders: ................................................................. 7
Natural disasters: ............................................................................................................................ 7
Late rent payments: ........................................................................................................................ 7
Terminating a tenancy agreement: ................................................................................................. 8
Final inspection: .............................................................................................................................. 9
Bond claims: ................................................................................................................................... 9
Abandoned belongings ................................................................................................................... 9
General disclaimer: ....................................................................................................................... 10
Page 1 of 10
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General obligations as a landlord:
Premises are clean and fit for human habitation
Utilities including the supply of gas (if available), electricity, water, telecommunications
services and other necessary services are accessible by the tenant without interference from
the landlord
Compliance with the health and safety statutory obligations for rental premises
Screening tenants:
Ask questions during open inspections relating to:
o employment or income source
o current living arrangements (renting history)
o requirements for a rental home
o any pet requirements
o parking requirements
o number of people needed to sleep
Do NOT ask questions relating to race, sex, pregnancy, marital status, disability, age,
sexuality and gender identity
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/starting-a-
tenancy/discrimination-when-renting
The purpose of screening is to determine if potential tenants meet the following criteria:
o pay the rent on time for the duration of the tenancy agreement
o maintain the premises in a reasonably clean state
o ability to follow the laws for residential tenancies – not breach the tenancy agreement
Safety responsibilities:
If premise is in a residential strata building, windows must have a maximum opening of 12.5
cm and able to withstand the force of 250 newtons, and safety device child proof – window
safety device requirements https://www.fairtrading.nsw.gov.au/housing-and-property/strata-
and-community-living/strata-schemes/window-safety-device-requirements
Swimming pools must meet the standards specified in the Swimming Pools Act 1992
including a pool fence and child proof latch on the gate to enter the pool – see checklists for
pools NSW Swimming Pool Register
https://www.swimmingpoolregister.nsw.gov.au/checklists
Smoke alarms required in rental premises:
o Hallway outside a bedroom
o Other suitable location in each storey
Gas water heaters get serviced regularly by an approved service agent
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Maintain and provide security devices and locks to make sure the premises are reasonably
secure for the tenant(s)
Tell tenants If rainwater tank is used as main source of drinking water and responsibilities for
maintaining hygienic drinking water at the commencement of the tenancy – see NSW Health
site https://www.health.nsw.gov.au/environment/water/Pages/rainwater.aspx
At the commencement of a tenancy agreement:
Most agreements are fixed term for six months, 12 months or longer
Add additional terms if applicable to the agreement, only allowed for break fees and pets,
don’t add other terms without legal advice as they may be illegal and void the lease
agreement
Follow guidelines for deciding who pays utilities, services must be able to be individually
metred to charge the tenant for services
Give the tenant a copy of the current New tenant checklist
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0004/382126/FTR72_New_tenant_
checklist.pdf
Tenants and landlord sign the tenancy agreement
Maximum bond to charge is equivalent to 4 weeks rent, you cannot ask tenants to pay
additional bonds or bond top ups during the tenancy agreement
You can allow the bond to be paid in instalments
Give tenant details to lodge bond online or collect 4 weeks rent for bond and lodge with
Rental Bonds Online
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0003/371694/Getting_started_with
_rental_bonds_online_information_for_tenants.pdf
If tenant is lodging bond, wait for evidence it is paid before signing the agreement
Tenants receive a copy of the signed tenancy agreement
Complete the condition report for the premises before the tenant moves in, complete the
landlord’s section, take photos if required as evidence for any possible future disputes with
the tenant
Issue tenants with two (2) copies of the condition report with the landlord’s section filled in,
asking tenants to complete the tenants section when they move in and return the completed
condition report within seven (7) days
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/369946/Tenancy-condition-
report.pdf
Collect 2 weeks rent in advance
You cannot collect other money from the tenant except 2 weeks rent in advance and 4
weeks bond
Receipt all money received and give a receipt to the tenant
Make a list of the keys or photocopy keys and label, keep a copy and give a copy to the
tenant/s
Page 3 of 10
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Give tenant a full set of keys to the premises
File copies and original documents for the tenancy
Rent payments:
Rent is set to be paid weekly, fortnightly or monthly in the tenancy agreement
Tenant must be offered at least one way to pay that is available to them and where additional
fees are not charged for making the rent payment
Receipt all rent payments received during the tenancy agreement
Never ask the tenant to be more than 2 weeks in advance with their rent
Rent in advanced is used as the first two weeks rent for the rental premises
Do not apply the rent to anything else e.g. bond or damages
Keep a ledger of rent payments, check weekly to ensure you are immediately aware of any
late payments
Serving notices:
Notices are used to communicate with the tenant during the tenancy
Warning unwanted contact from the landlord is considered an invasion of the tenants right to
quiet enjoyment
For each notice look up the required time for the notice
Use the correct form for the notice or write the notice including all the required information
Address the notice correctly to the tenant/s
Keep a copy of the notice, documenting how it was served and the date it was served
If mailing allow an extra seven (7) days notice
Count the days after the day the notice is served including weekend days
A notice can be served by:
o handing it to the tenant
o handing it to a person 16 years or older who lives at the premises with the tenant
o putting it in the letterbox at the premises
o posting it to the tenant
o emailing it to the tenant
Entering premises:
Depending on the reason for entry appropriate notice must be provided
Usually access should be on a weekday or Saturday, not Sunday or public holidays
Schedule inspections or entry between the hours of 8 am to 8 pm
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Approximate time of entry should be provided to the tenant
Visitors who are not the agent or landlord need written consent to enter the property
These rules may not apply in case of an emergency or urgent repair
Repairs:
Give two (2) days’ notice to carry out ordinary (non-urgent) repairs or general maintenance
No notice required for urgent repairs or an emergency
Give two (2) days’ notice to inspect smoke alarms in order to comply with relevant health and
safety obligations
Alterations to premises:
Tenants are required to ask for a landlord’s permission before making any alterations
including:
o changing locks (unless an emergency or tribunal order, co-tenancy or DV situation)
o minor alterations
o painting
o connecting NBN
o phone line installation
o garden beds
o accessibility features
o additional security features
o safety devices for children
o picture hooks
Landlords can apply to NCAT for the cost of rectifying any alterations the tenant/s did to the
rental premises without permission, to an unsatisfactory standard or will affect future rents.
Property Inspections:
Schedule up to four (4) inspections each year
Give seven (7) days written notice
Use a checklist when you do the inspection, so you don’t miss anything
Leave your card on the kitchen bench if the tenant isn’t home during the inspection
New tenant inspections:
Give current tenants reasonable notice for each inspection, must be within the last 14 days
before the current tenancy is due to end
Page 5 of 10
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Prospective buyer’s inspections:
Give tenants two (2) weeks’ notice before the first inspection
Come to an agreement with tenants after first inspection about suitable time frames for
inspections
Limit inspections to a maximum of 2 per week with 48 hours’ notice
Rent increases:
60 days’ written notice required identifying
o new rent amount
o date increase commences
o signed, dated and addressed to the tenant
Add 7 days for delivery if sending via mail
Depends on length of the lease e.g. 2 years, must be fixed term, and wording in the tenancy
agreement
Only one rent increase in 12 months
Tenant can give 21 days’ notice to terminate the lease after notice of rent increase is given
Sample rent increase notice
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0005/369977/Notice-of-rent-
increase.pdf
Domestic violence (DV):
Tenant gives you written notice – Domestic Violence Rental Termination Notice for Landlords
Victim is not obliged to pay any compensation or additional money
Co-tenants who are not the perpetrator of DV have rights:
o they can request to end the tenancy through NCAT
o they are entitled to only pay their share of the rent for two weeks
o can dispute the validity of a DV termination notice from a co-tenant
If perpetrator has AVO that excludes them from the premises, the tenancy agreement
transfers to the co-tenant(s) on the agreement
You will have to go to NCAT if you disagree with the transfer of tenancy for the agreement
A tenant can change the locks of the premises for safety reasons without the landlord’s
consent conditional on supplying a new set of the keys to the landlord within seven (7) days
Abandonment or concern for tenants:
No notice is required if you have tried to contact the current tenants and have not been able
to and you have reasonable cause for serious concern for their health and safety or other
occupants or you think the premises have been abandoned
Page 6 of 10
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See NSW Civil and Administrative Tribunal orders (below)
NSW Civil and Administrative Tribunal (NCAT) orders:
Landlords can go to NCAT to resolve tenancy disputes for any of the following reasons:
o abandonment of premises
o access to premises
o alterations and additions to residential premises
o general orders – breaches to agreement, damages, compensation etc.
o goods left in premises
o occupation fee
o pre-agreement matters and residential tenancy agreements
o rental and other payments
o rental bonds
o security and safety of premises
o termination of residential tenancy agreements
Follow the orders of NCAT
Tenancy application form for disputes
https://www.ncat.nsw.gov.au/Documents/ccd_form_tenancy_application.pdf
Natural disasters:
Disclose to prospective tenants if rental property was previously in a natural disaster in the
past five years (e.g. flood or bushfire)
Premises destroyed or uninhabitable either:
o mutually agree to end the tenancy
o give termination notice in writing
Premises partially destroyed or uninhabitable
o tenant wants to stay – get urgent repairs done, offer reduced rent
o unsafe for tenant to stay – tenant moves out temporarily, don’t charge rent while
repairs are implemented and tenant is not able to live in the rental, tenant pays for
temporary accommodation
o tenancy agreement can be ended and a new agreement signed after repairs are
completed
Late rent payments:
Monitor accounts regularly so you are aware of late payment as soon as possible
Send tenant a reminder notice (email if allowed/written letter) or call
Page 7 of 10
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Explore and discuss alternative payment strategies with the tenant, for example, credit card
or direct bill-paying service with Centrelink
When rent is 14 days overdue, give a written termination notice, signed and dated, to the
tenant giving them 14 days to vacate the property
Sample termination notice
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0006/369978/Notice-to-terminate-
tenancy-agreement-landlord-agent.pdf
Apply to NCAT within immediately or within 30 days of the termination date or you will need
to apply for an extension – complete the Application and possession for non-payment of rent
form
https://www.ncat.nsw.gov.au/Documents/ccd_form_termination_and_possession_application
.pdf
A written repayment plan can be implemented and agreed to by you and the tenant for any
outstanding rent
Terminating a tenancy agreement:
You or the tenant must give notice of the termination adhering to the notice requirements
Landlord minimum notice to tenants:
o 14 days if tenant is 14 days or more behind with the rent or other breach of the
tenancy agreement
o 30 days if the end of a fixed term agreement and you have decided not to renew it
o 30 days if the rental property is being sold after the fixed term agreement has ended
and the landlord/owner requires vacant possession for the sales contract
o 90 days if the fixed term period has expired and not new agreement was signed
Termination notice must be in writing, signed and dated by the person terminating the lease,
properly addressed to the other party, state the date the lease terminates, and the tenant will
vacate and if appropriate give the grounds for termination
Sample termination notice issued by landlord
https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0006/369978/Notice-to-terminate-
tenancy-agreement-landlord-agent.pdf
The termination notice must be served correctly
Reasons for terminating the lease must be legal
No notice is required if:
o the rental premises have been destroyed and are uninhabitable (partly or wholly)
o legal reasons, can’t be used as a residence anymore
o death of a sole tenant
Page 8 of 10
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Final inspection:
Conduct a final inspection with the tenant before the tenant leaves the premises at an agreed
time. Give appropriate notice.
Complete a condition report for the end of the tenancy, give a signed copy to the tenant
Identify any issues with the cleanliness or damage done to the rental property
Refer to the entry condition report if required during discussions with the tenant
Allow for fair wear and tear, the tenant is only liable for intentional, neglectful and
irresponsible damage caused to the premises
Use the final condition report as evidence for any claims on the bonds or future NCAT
actions
Bond claims:
Claims on bond can be made for
o unpaid rent
o unpaid bills associated with the premises e.g. water bills
o break fee or other compensation for early break of lease
o keys not returned
o unrepaired damage to the premises which is not fair wear and tear
Use rental bonds online to make a claim on the bond if required
Notify tenant of claim on bond, providing a copy of the exit condition report
Go to Rental Bonds Online to make a claim on the bond. If the tenant makes a claim for the
bond, then you may have to go to NCAT to get orders to be paid the bond.
Abandoned belongings
Only after the tenancy has ended are any remaining possessions of the tenant’s considered
to be abandoned
Attempt to notify the former tenant to collect their items of value within 14 days explaining an
occupation fee may apply (equal to one day’s rent) for each day the items are stored if it
prevents the premises being rented (maximum of 14 days can be charged)
Throw away any rubbish and perishable items
Store for 14 days items of value, e.g. furniture, appliances
Dispose of unclaimed items after 14 days – donate to charity, take to the tip, keep on
premises if appropriate for next tenancy agreement, sell the goods and give tenant money
from the sale of goods or send it to the Revenue NSW
Goods must be returned if the former tenant comes to claim their possessions
Keep the former tenant’s personal documents for at least 90 days, including official
documents, photos, financial information, licences and educational documents
Page 9 of 10
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Shred personal documents after 90 days or return to the issuing authority
General disclaimer:
Information is accurate as at 24 January 2020 and sourced from Fair Trading NSW
https://www.fairtrading.nsw.gov.au/. Open4rent Pty Ltd is not responsible for any omissions or lack
of detail in the information. The user of this information understands this document is a checklist,
summary version of key information relating to residential tenancies.
This document is only intended to be used as a checklist of information and not a detailed document
of rules or guidelines. See the current legislation for residential tenancies, the Residential Tenancies
Act 2010 No 42 https://www.legislation.nsw.gov.au/#/view/act/2010/42
New residential tenancies legislation is being introduced in NSW in March 2020. This document will
be considered out of date at the commencement of the new legislation. We will update this
document after the new legislation is implemented and it will be the users responsibility to download
the latest version from RentEzy.com.au.
Written by Lynda Galway for RentEzy®.com.au, owned by Open4rent Pty Ltd on 24 January 2020.
Page 10 of 10
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