Renting Law

Everything you need to know about your rights as a tenant or landlord. Straight answers on bonds, repairs, rent increases, inspections, ending a tenancy, and everything in between.

How much notice must a landlord give before an inspection in New South Wales?

Yes, your landlord or agent must give you at least 7 days' written notice before conducting a routine inspection in New South Wales. They are allowed to inspect the property up to four times in any 12-month period. The inspection must take place at a reasonable time, and they must try to accommodate your schedule.

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How much notice must a landlord give before increasing rent in New South Wales?

In New South Wales, a landlord must give you at least 60 days' written notice before increasing your rent. This rule applies to periodic leases (rolling contracts). The notice must clearly state the proposed new rent amount and the exact date the increase begins. If the notice is inadequate, you do not have to pay the higher rent.

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What is a rent review clause and is it enforceable in New South Wales?

Yes, a rent review clause is enforceable in New South Wales. It is a specific term in a lease agreement outlining when and how rent will increase. For fixed-term agreements of less than two years, landlords can only increase rent during the term if this clause explicitly details the exact amount or calculation method for the increase.

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How long does a landlord have to fix an urgent repair in NSW?

A landlord must arrange for urgent repairs to be fixed as soon as possible in New South Wales. While the law does not specify an exact number of hours or days, it mandates immediate action for critical issues like burst water services, gas leaks, or dangerous electrical faults to ensure the property remains safe and habitable for the tenant.

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Can I withhold rent if my landlord refuses to make repairs in New South Wales?

No, you cannot legally withhold your rent if your landlord refuses to make repairs in New South Wales. If you stop paying rent, you breach your tenancy agreement, which gives the landlord grounds to evict you. You must continue paying rent while you use official channels to force the repairs.

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How often can a landlord inspect a rental property in NSW?

In New South Wales, your landlord can conduct routine inspections of your rental property up to four times in any 12-month period. They cannot show up unannounced. By law, they must provide you with at least seven days written notice before arriving. You have the right to be present during these inspections.

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Can I make repairs myself and deduct the cost from rent in New South Wales?

No, you cannot simply make repairs yourself and deduct the cost directly from your rent in New South Wales. You are legally required to continue paying your rent in full. However, for specific urgent repairs, you can arrange the work yourself up to the value of $1,000 and claim a reimbursement from your landlord.

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What repairs is my landlord legally required to fix in New South Wales?

Yes, your landlord is legally required to provide and maintain the property in a reasonable state of repair in New South Wales. This includes fixing both urgent issues, like burst water pipes or gas leaks, and non-urgent problems, such as a broken stove or leaking taps, provided the damage wasn't caused by your negligence.

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Can my landlord increase rent during a fixed term lease in NSW?

No, your landlord generally cannot increase the rent during a fixed-term lease in NSW unless the tenancy agreement specifically sets out the amount of the increase or the exact method of calculation. For fixed-term agreements of less than two years, the increase must be clearly written into the contract when you first sign it.

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Can my landlord increase rent more than once a year in NSW?

No, a landlord generally cannot increase your rent more than once a year in New South Wales. For periodic leases and fixed-term agreements longer than two years, rent increases are strictly limited to once every 12 months. For shorter fixed-term agreements, rent can only increase if the exact amount or calculation method is written into your lease.

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Can I refuse a rent increase in NSW?

No, you cannot simply refuse a rent increase in NSW, but you can negotiate or formally challenge it if it is excessive. If you receive a valid notice, you must pay the new amount. However, if you believe the increase is too high, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an assessment.

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Who is responsible for pest control in a rental property in NSW?

Responsibility for pest control in a New South Wales rental property depends on when the issue occurs. Landlords are responsible if pests are present when you move in. Tenants are generally responsible if the infestation happens during the tenancy due to their actions, such as failing to keep the property clean or properly managing household rubbish.

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Can my landlord keep my bond for normal wear and tear in New South Wales?

No, a landlord cannot keep your bond for fair wear and tear in New South Wales. Fair wear and tear refers to the normal deterioration of a property from everyday use, such as faded curtains or minor scuff marks. Tenants are only responsible for damage caused intentionally or through negligence, not for the ordinary aging of the rented property.

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How long does a landlord have to return my bond after I move out in NSW?

No, there is no set number of days a landlord has to return your bond in NSW. However, you do not need to wait for them. You can claim your bond directly through NSW Fair Trading's Rental Bonds Online the moment you hand back the keys. If both parties agree, it is refunded within two days.

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Can a landlord deduct cleaning costs from my bond in NSW?

Yes, a landlord can deduct cleaning costs from your bond in NSW, but only if the property is not reasonably clean. The law requires you to leave the premises in the same condition as when you moved in, minus fair wear and tear. They cannot charge for a professional clean automatically if it is already clean.

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What happens if my landlord refuses to release my bond in New South Wales?

If your landlord refuses to release your bond in NSW, you do not need to wait for their approval. You can immediately claim your bond directly through NSW Fair Trading's Rental Bonds Online system. The landlord will then have 14 days to dispute your claim by applying to the NSW Civil and Administrative Tribunal (NCAT).

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Can my landlord ask for more than four weeks bond in NSW?

No, a landlord cannot ask for or require a rental bond of more than four weeks' rent in New South Wales. This strict legal limit applies universally to all residential tenancy agreements, regardless of whether the rented property is fully furnished or completely unfurnished, protecting tenants from excessive upfront costs.

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