Renter Rights in NSW 2026 — What Your Landlord Can and Can't Do

Renter Rights in NSW 2026 — What Your Landlord Can and Can't Do

If you’re renting in New South Wales, knowing your rights isn’t just useful — it’s essential. The rental landscape has shifted significantly in recent years, and NSW tenancy law provides strong protections for renters. Here’s what you need to know in 2026.

Your Rights Under the Residential Tenancies Act 2010

The Residential Tenancies Act 2010 (NSW) governs the relationship between landlords and tenants. It sets out your rights and responsibilities, and those of your landlord, covering everything from rent increases to repairs to ending a tenancy.

Rent Increases

In NSW, landlords can only increase rent:

  • Once every 12 months — regardless of whether you’re on a fixed-term or periodic lease
  • With a minimum of 60 days written notice
  • The notice must specify the new amount and the date it takes effect

There is no cap on how much rent can be increased in NSW (unlike some other states), but increases must not be excessive. If you believe a rent increase is excessive, you can apply to the NSW Civil and Administrative Tribunal (NCAT) to have it reviewed.

Repairs and Maintenance

Your landlord is legally required to keep the property in a reasonable state of repair. This includes:

  • Structural soundness — roof, walls, floors
  • Working plumbing, electricity, and gas
  • Secure locks on doors and windows
  • Freedom from mould caused by structural issues

Urgent repairs (burst pipes, dangerous electrical faults, gas leaks, broken heating in winter) must be attended to immediately. If your landlord fails to act, you may be able to arrange the repair yourself and claim the cost back, up to $1,000.

Non-urgent repairs must be completed within a reasonable timeframe. Put all repair requests in writing and keep copies.

Entry to the Property

Your landlord or agent cannot enter your home whenever they feel like it. In NSW, they must provide:

  • At least 24 hours notice for inspections (no more than 4 routine inspections per year)
  • At least 24 hours notice for non-urgent repairs
  • No notice required only in genuine emergencies

If your landlord enters without proper notice, this is a breach of your tenancy agreement and can be reported to NSW Fair Trading or NCAT.

Ending a Tenancy

From March 2020, NSW introduced no-grounds eviction protections for renters on fixed-term leases. Landlords can still end a tenancy, but must provide a valid reason and appropriate notice. Valid reasons include:

  • The landlord or their family intends to move in
  • The property is being sold with vacant possession
  • Major renovations or demolition
  • Consistent failure to pay rent or breaches of the lease

For periodic (month-to-month) leases, landlords can still end a tenancy without grounds but must provide at least 90 days notice.

Bond

Your landlord must lodge your bond with NSW Fair Trading within 10 working days of receiving it. You can verify this online via the Fair Trading website. The maximum bond is four weeks’ rent for most properties.

At the end of your tenancy, the bond must be returned within 14 days if there are no disputes. Deductions can only be made for:

  • Unpaid rent
  • Damage beyond fair wear and tear
  • Cleaning costs if the property is left in a worse condition than it was found

Discrimination

Under NSW law, landlords cannot refuse to rent to you based on your race, sex, pregnancy, disability, age, or a number of other protected characteristics. If you believe you’ve been discriminated against, you can lodge a complaint with the NSW Anti-Discrimination Board.

Where to Get Help

  • Tenants’ Union of NSW — tenants.org.au — free advice and resources
  • NSW Fair Trading — fairtrading.nsw.gov.au — complaints and dispute resolution
  • NCAT — ncat.nsw.gov.au — formal tenancy disputes
  • Community Legal Centres — free legal advice for renters

Knowledge is your best tool as a renter. So is knowing whether you’re paying a fair price. Try Rentopia Pro free for 7 days — AI-powered rental analysis, suburb benchmarking, and negotiation tips for Australian renters.