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FAQs

USEFUL TIPS FOR RENTING

Rights and responsibilities
  • Know your rights and responsibilities as a tenant or a landlord.
  • Seek advice from tenancy advice services. See Useful Contacts.
  • The Tenancy Handbook contains details on the rights and responsibilities of all parties involved in a rental arrangement.
  • Obtain the Tenancy handbook from the NSW Office of Fair Trading.
Residential Tenancy Agreement
  • The Residential Tenancy Agreement is a legal, binding contract between the tenant and the landlord under the Residential Tenancies Act 1997. It contains details on the negotiated terms, fees and conditions of the rental arrangement.
  • Read and understand the Residential Tenancy Agreement before signing.
  • It includes 2 sections:
    a) Terms of Agreement
    b) Incoming Condition Report
  • Make sure at the start of your tenancy that you note in the Condition Report anything that is already broken, damaged or in poor repair. You may even wish to take photos as evidence.
  • The Renting Guide includes useful information regarding the beginning, during and ending of tenancy arrangements.
  • The Residential Tenancy Agreement form and the Renting Guide can be obtained from NSW Office of Fair Trading.
Confirm all agreed conditions in writing
  • If conditions agreed to change, make sure to confirm them in writing.
  • Documents must include:
    • date
    • names of parties
    • address of rental premises
    • rent payable, what it includes
    • frequency of rent payment
    • landlords and tenants contact details
    • term of agreement (length)
    • other agreed to conditions
    • signature of both parties
Keep a copy of all written documents
  • Both parties should keep a copy of all written documents.
Receipts
  • Landlords must give receipts for any money received from the tenant.
Bond
  • The Bond is paid by the tenant as a form of security for landlords against any future breaches of the tenancy agreement.
  • The bond must be lodged by the landlord within 7 days with the Rental Bond Board.
  • Failure to lodge a bond can attract a fine of up to $2,200.00 for landlords.
  • In Australia, the bond is only allowed to be 'Up to two week's rent in advance if the weekly rent is $300 or less' OR 'up to one month's rent in advance if the weekly rent is more than $300' (Office of Fair Trading), fines attracted for breach of these laws.
Smoke alarms
  • Landlords are responsible for installing smoke alarms in rented premises, enforceable by Australian law.
  • See NSW Office of Fair Trading and NSW Fire Brigade for more information regarding smoke alarms and residential premises.
Managing rental property: agents and self managing
  • Rental properties can either be self managed by the owner or managed through an agent.
  • Agents are licensed persons paid by the owner to manage the tenancy arrangement.
  • A Management Agency Agreement should be completed between owners and agents. This is a binding written contract that contains negotiable terms, fees and conditions.
  • Agent licences can be obtained or checked through the NSW Office of Fair Trading.
  • Self-managing landlords deal directly with tenants and the rental property.
Safety and security
  • Consider safety and security issues when viewing properties.

 

FOR MORE INFORMATION

See useful contacts for further information and assistance on renting and tenancy.

 

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