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

Q: 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.

Q: 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.

Q: 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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Answer

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.

Residential Tenancies Act 2010 (NSW) - Section 43

Last UpdatedApril 30, 2026

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How it works in practice

In New South Wales, paying rent is your fundamental legal obligation under a residential tenancy agreement. Even if your landlord is failing their legal duty to maintain the property and complete necessary repairs, withholding rent is never the correct legal response. Doing so automatically puts you in rent arrears.

The Danger of Withholding Rent

Once you fall 14 days behind on your rent payments, your landlord has the legal right to issue you with a termination notice for non-payment of rent. This means that by trying to force your landlord's hand on repairs, you risk losing your home entirely. The NSW Civil and Administrative Tribunal (NCAT) generally will not protect a tenant from eviction if they have intentionally withheld rent, regardless of how bad the disrepair is.

The Correct Legal Pathway

Instead of withholding your rent, you must continue to make your standard payments while taking formal action. This involves putting all your repair requests in writing to provide a clear paper trail. If the landlord still refuses to act, you can apply directly to NCAT for a specific performance order. NCAT has the authority to legally order the landlord to carry out the repairs, and they can also order a rent reduction to compensate you for the period you lived with the issue.

Important exceptions

While you cannot simply stop paying rent, there is a specific exception regarding paying for urgent repairs yourself.

If the repair is classified as an urgent repair under NSW law (such as a dangerous electrical fault, a burst water service, or a gas leak), you can arrange and pay for the repairs yourself up to the maximum legal cost of $1,000.

After paying the repairer, you must provide the landlord with written notice and copies of the receipts. The landlord is then legally obligated to reimburse you within 14 days. If they fail to do so, you can apply to NCAT for a reimbursement order, but you still cannot deduct this amount from your rent.

What you should do now

Continue paying your full rent on time to ensure you do not breach your residential tenancy agreement.
Submit a formal, written request for the required repairs to your landlord or real estate agent and keep a copy for your records.
Collect and organize evidence of the damage, including clear photographs, videos, and any previous communications regarding the issue.
Contact NSW Fair Trading or the Tenants' Union of NSW for free legal advice if the landlord ignores your written repair request.
Apply to the NSW Civil and Administrative Tribunal (NCAT) for an order compelling the landlord to fix the issue and potentially grant a rent reduction.

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