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Know your rights

16 things your landlord can't legally do.

Under the Residential Tenancies Act 2010 (NSW). Knowing these is the first move in any disagreement.

01

Enter the property without proper notice

s.55

For a routine inspection, the landlord or agent must give at least 7 days written notice and can only inspect up to 4 times per year. For repairs, 2 days notice. They cannot drop in.

Honest exception: Genuine emergencies (fire, serious water leak, safety risk) are different — they can enter without notice for those.

Inspection prep
02

Raise rent more than once every 12 months

s.41

Rent cannot be increased more than once every 12 months. The landlord must give 60 days written notice and the notice must specify the new amount and the date it takes effect.

Rent increase tool
03

Charge an excessive rent increase

s.44

If the proposed increase is well above market for similar properties in the area, you can apply to NCAT within 30 days to have it set aside or reduced. The Tribunal looks at comparable rentals and the landlord's recent investment in the property.

Challenge a rent increase
04

Evict you without a valid ground

s.84–85

From 19 May 2025, NSW abolished no-grounds evictions. The landlord must specify a prescribed reason — sale, owner moving in, demolition, significant renovations, no longer used as a rental, key worker housing, end of student accommodation, or tenant breach — and have evidence. They must also provide a Termination Information Statement. A notice without a valid ground or the Information Statement is challengeable.

Eviction tool
05

Re-let the property right after evicting you

s.84B (2024 amendment)

A landlord who ends a tenancy using sale, owner-moving-in, or demolition cannot re-let the property for 6 months. 'No longer used as a rental' = 12 months. 'Significant renovations' = 4 weeks. Re-letting inside the window without NSW Fair Trading approval is an offence and the landlord faces penalties — strong evidence the eviction ground was non-genuine.

Eviction tool
06

Give an eviction notice without a Termination Information Statement

s.85

Since 19 May 2025, every termination notice must include the NSW Fair Trading Termination Information Statement (explaining your rights). If it doesn't, the notice is invalid. Landlords must also provide supporting documents where they use sale, renovation, demolition, owner-moving, or no-longer-used-as-rental as the ground.

07

Change the locks or remove your belongings

s.59

Only the Sheriff can physically remove a tenant, and only after the landlord has obtained an NCAT termination order and a warrant for possession. A landlord changing the locks themselves is unlawful and can be ordered to compensate the tenant.

08

Withhold your bond without a proper claim

s.159–187

Bond is held by NSW Fair Trading, not the agent. At the end of the tenancy, both parties agree on the split or the landlord lodges a claim. If you disagree with their claim, you can dispute it and NCAT decides. The burden of proving deductions is on the landlord.

Bond tool
09

Make you pay for fair wear and tear

s.51

Paint fades, carpet flattens in walkways, tapware develops mineral build-up. That's wear — it would happen to any property occupied by a reasonable tenant. You pay for damage you caused; you don't pay for normal aging.

Fair wear vs damage
10

Refuse to do urgent repairs

s.62–64

Burst pipes, serious roof leaks, gas leaks, broken hot water service, blocked toilets (where there's only one), and any fault that makes the place unsafe — the landlord must arrange these without delay. If you can't reach them, you can authorise repairs yourself up to $1000 and be reimbursed.

Repairs tool
11

Ignore your repair requests for non-urgent work

s.63

For non-urgent repairs the landlord must keep the premises in a reasonable state of repair. If they don't respond, you can apply to NCAT for an order requiring the work and (where appropriate) a rent reduction while the issue persists.

Repairs tool
12

Charge you for background checks or preparing the lease

s.21–24

From 31 October 2024, landlords and agents cannot charge prospective tenants any fee for background checks, application processing, or preparing the tenancy agreement. Key money, lease-renewal fees, holding deposits above one week's rent are also prohibited. The bond, rent, and prescribed utility connection charges are the lawful amounts.

13

Make you pay rent in a way that costs you extra

Residential Tenancies Amendment Act 2024

From 19 May 2025, landlords must offer rent payment by bank transfer with no extra fees. From 2 March 2026, they must also offer Centrepay (free deduction from Centrelink). You cannot be required to use a specific app or paid service.

14

Discriminate against you because of children, race, disability, or having a guide dog

Anti-Discrimination Act 1977 (NSW)

The Anti-Discrimination Act 1977 (NSW) and federal anti-discrimination laws apply. A landlord can't refuse you on these grounds. They also can't refuse a guide dog or assistance animal — these are not pets.

15

Disclose your personal information without consent

Privacy Act 1988 (Cth); RTA s.213–217

Information collected in your tenancy application is protected by the Privacy Act 1988 (Cth) and tenancy database rules. Listing you on a tenancy database (TICA, NTD) is only lawful in specific circumstances and you must be notified first with a chance to respond.

16

Harass you, intimidate you, or interfere with your quiet enjoyment

s.50

The landlord must not unreasonably interfere with your use and occupation of the premises. Persistent unannounced visits, threats, repeated demands by phone, agents loitering — these can be the basis of an NCAT order for the conduct to stop and for compensation.

If something on this list is happening to you

Don't guess your next move.

Run your situation through the right tool. You'll get a verdict (is this enforceable, or not?), a copy of the relevant section, and a letter or NCAT pack if you need one.

Section references are to the Residential Tenancies Act 2010 (NSW) and the Anti-Discrimination Act 1977 (NSW). This is an educational summary, not legal advice. For free tenancy advice in NSW: Tenants' Union of NSW 1800 251 101. NSW Fair Trading: 13 32 20.