Questions, answered

A landlord or agent cannot ask for a rental bond worth more than 4 weeks rent. That is the cap, whatever the property, and it applies no matter how competitive the market is.

Next step: If you have been asked for more than 4 weeks rent as bond, ask for it in writing, then contact NSW Fair Trading on 13 32 20.

Your bond is not the landlord's money to hold. It must be paid to the Secretary (NSW Fair Trading) within 10 working days of being received, and you should get confirmation from Rental Bonds Online.

Next step: Check your bond appears in Rental Bonds Online. If it is not there after a few weeks, ask the agent in writing for the bond lodgement number.

At the end of a tenancy the bond is yours unless the landlord shows a lawful reason to claim it — unpaid rent, damage beyond fair wear and tear, or cleaning that was genuinely needed. Fair wear and tear is not damage.

Next step: If you dispute a claim, do not agree in Rental Bonds Online. Send your entry condition report and photos, then apply to NCAT for a bond order.

The landlord has to provide and maintain the premises in a reasonable state of repair, taking into account the age of the property and the rent you pay. This is not optional and cannot be contracted away in the lease.

Next step: Put every repair request in writing with photos and a date. A paper trail is what NCAT will ask for.

Urgent repairs include things like a burst water service, a blocked or broken toilet, a serious roof leak, a gas leak, a dangerous electrical fault, flooding, storm or fire damage, a failure of the only hot water service, and any fault that makes the place unsafe or insecure.

Next step: Call the landlord or agent immediately, then confirm in writing. Keep every receipt and message.

If you cannot get the landlord or agent to act, you can arrange for a qualified tradesperson to carry out the urgent repair and be reimbursed up to $1,000. The landlord must repay you within 14 days of getting your written notice of what you paid.

Next step: Try to notify the landlord first, use a licensed tradesperson, keep the invoice, then send a written reimbursement request and count 14 days.

If repairs are not happening you can apply to NCAT for an order that the landlord carry out the work, and for compensation or a rent reduction for the time you could not fully use the property.

Next step: Apply to NCAT with your written requests, photos, and any quotes. Applications are low cost.

Since 31 October 2024 rent can be increased only once in any 12 month period — for every kind of agreement, fixed term or periodic. A second increase inside 12 months is not payable.

Next step: Check the date of your last increase. If it is less than 12 months ago, write to the agent saying the increase is not payable under s 41.

A rent increase needs at least 60 days written notice, and the notice must state the new amount and the date it starts. A verbal heads-up, a text, or a shorter notice does not meet the requirement.

Next step: Count 60 days from the day you received the written notice. If the start date is sooner, reply in writing asking for a corrected notice.

If your fixed term is less than 2 years, the rent can only be increased if your agreement already sets out the increased amount or the method for working it out. If it does not, the rent stays put for the term.

Next step: Read the rent clause in your agreement. If it does not state the increase or a calculation method, the increase cannot apply during the fixed term.

If you think an increase is excessive you can apply to NCAT for an order that the rent not be increased, or be increased by a smaller amount. The Tribunal looks at market rents for comparable properties, the state of the premises and any reduction in services.

Next step: Gather comparable listings, then apply to NCAT before the increase takes effect. Free advice: Tenants' Union NSW at tenants.org.au.

A landlord must now give a specific, lawful ground to end any tenancy — periodic or fixed term. A termination notice with no reason on it is not valid, and penalties can apply for unlawful terminations.

Next step: Read the notice: it must be in writing, signed and dated, state the ground, state the end date, and come with a termination information statement and supporting evidence.

For no-fault grounds like a proposed sale, significant renovations, a change of use, or the landlord or their family moving in: 60 days on a fixed term of 6 months or less, and 90 days on a longer fixed term or a periodic agreement. For an actual sale of the property: 30 days. For a breach of the agreement or non-payment of rent: 14 days.

Next step: Check the ground on the notice against the required notice period. A short notice can be challenged at NCAT.

A notice does not by itself force you out. If you do not leave by the date on it, the landlord has to apply to NCAT for a termination order, and you can put your case at that hearing. Only the Sheriff can carry out an eviction.

Next step: If you have been locked out or threatened with it, call NSW Fair Trading on 13 32 20 and get advice from a Tenants Advice service.

If you get a termination notice because you asked for repairs, complained to Fair Trading, tried to enforce your rights, or took the landlord to the Tribunal, NCAT can declare the notice retaliatory and of no effect.

Next step: Apply to NCAT before the termination date, with your repair requests and the notice showing the timeline.

If you are out of the fixed term and on a rolling (periodic) agreement, you can end the tenancy for any reason by giving 21 days written notice.

Next step: Give written notice, keep a copy, and photograph the property at handover.

To end the tenancy at the end of your fixed term, give at least 14 days written notice. The notice can end on or after the last day of the term.

Next step: Diarise 14 days before your fixed term ends and send written notice if you are moving on.

For a fixed term of 3 years or less, the break fee is set by law: 4 weeks rent if less than 25% of the term has expired, 3 weeks if 25% to under 50%, 2 weeks if 50% to under 75%, and 1 week if 75% or more has expired. That is the whole liability — not rent until the place is re-let.

Next step: Work out your tier with the break fee calculator, give written notice, and pay the set fee rather than an invented amount.

You can end a fixed term early without penalty in certain situations, including circumstances of domestic violence (immediately, with the right evidence), and other grounds set out in the Act such as certain breaches by the landlord.

Next step: If you may qualify for a no-penalty exit, get advice first from a Tenants Advice and Advocacy Service at tenants.org.au.

A landlord or agent can only enter in the circumstances the Act allows, and generally must give you notice: 7 days for a general inspection, 2 days if entering to carry out or inspect repairs, and reasonable notice to show the place to prospective tenants or buyers.

Next step: If entry keeps happening without notice, write to the agent citing s 55, and keep a log of dates and times.

Routine inspections cannot be run more than four times in a 12 month period, and each one needs 7 days written notice.

Next step: Count the inspections in the last 12 months. If you are past four, reply in writing declining entry and cite s 55.

Your rights come from the legislation. A clause in a lease that takes away or reduces a right under the Act has no effect, no matter what you signed.

Next step: If a clause looks like it strips a legal right, get it checked by a Tenants Advice service before you act on it.

The Tribunal can make orders for repair work to be done, payment of money (including bond), compensation, and termination of the agreement. You apply for the specific orders you want, and you can ask for more than one.

Next step: Write down exactly what you want NCAT to order — e.g. repairs within 14 days, or your bond back in full — before you apply.

The NSW Civil and Administrative Tribunal hears residential tenancy disputes — bonds, repairs, rent increases, compensation and terminations. Application fees are low, you do not need a lawyer, and you can bring your own evidence.

Next step: Apply online at ncat.nsw.gov.au. Bring your agreement, condition report, photos and written communications.

Several tenancy applications have deadlines — for example challenging a termination notice before the date it takes effect, or applying about a rent increase before it starts. Missing the window can cost you the argument.

Next step: As soon as you get a notice, write the key date on your calendar and get advice that week.

Tribunals decide on the documents and witnesses in front of them. Your lease, the condition report, photos with dates, receipts, texts and emails, and any inspection or repair records are what matter. Assemble them in date order before the hearing.

Next step: Build one folder (or PDF) of your evidence in date order, with the key documents labelled.