Landlord Information - During a Tenancy
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It’s important to understand the process and be well informed about being a landlord in NSW. There are a range of procedures at a start of a tenancy, during a tenancy and ending a tenancy that both landlords and tenants should be familiar with. If you are unsure about an aspect of the process, it is always best to refer to Fair Trading NSW.
DURING A TENANCY
GETTING REPAIRS DONE
It is a tenant’s responsibility to make sure the property is in good condition when they move in, taking into account the age of the property and the amount of rent they pay. If something breaks down, leaks or needs fixing, the tenant should contact the agent or landlord (if self-managing) as soon as possible.
If the issue isn’t urgent, the tenants needs to make the repair request in writing and state what needs fixing. The tenant is responsible for minor updates including: replacing light bulbs, cleaning windows, dusting, removing cobwebs and routine garden maintenance such as watering, mowing and weeding.
If there is an urgent repair, you need to notify the landlord or agent right away and arrangements will be made as soon as possible.
URGENT REPAIRS INCLUDE:
- a burst water service or a serious water service leak
- a blocked or broken toilet
- a serious roof leak
- a gas leak
- a dangerous electrical fault
- flooding or serious flood damage
- serious storm or fire damage
- a failure or breakdown of the gas, electricity or water supply to the premises
- a failure or breakdown of the hot water service
- a failure or breakdown of the stove or oven
- a failure or breakdown of a heater or air-conditioner
- a fault or damage which makes the premises unsafe or insecure.
For further information regarding “Getting Repairs Done” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/getting-repairs-done
PAYING WATER CHARAGES
In NSW, the landlord can only ask a tenant to pay water usage charges if the minimum criteria have been met.
The minimum criteria for passing on water usage charges are:
- the rental premises must be individually metered (or water is delivered by vehicle), and
- the charges must not exceed the amount billed for water usage by the water supplier, and
- the rental premises must meet required ‘water efficiency’ standards.
For further information regarding “Paying Water Charges & Water Efficiency Standards” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/paying-water-charges
PESTS & PEST CONTROL
There is a general guide to show who is responsible when an infestation occurs. Please see link below to be directed to what the Landlord’s responsibility is and what the Tenants responsibility is regarding pest control.
For further information regarding “Pests & Pest Control” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/pests-and-vermin
PRIVACY WHEN RENTING
Tenants have the right to privacy when renting. A landlord, agent or anybody else acting on their behalf can enter the property if the correct notice is provided. The appropriate notice required depends on the reason for entry. For Example: to gain access to inspect smoke alarms an agent needs to provide at least two days notice. For the complete table of reasons and notice, see link below. It is an offence for a landlord or someone on their behalf to enter the premises without following the correct procedures.
For further information regarding “Privacy When Renting” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/privacy-when-renting
SAFETY & SECURITY
Safety and security in a rented property is mainly in relation to window and balcony safety, swimming pools and spas, smoke alarms, fire safety, gas water heaters, locks and security devices and rainwater tanks.
For further information regarding “Safety & Security” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/safety-and-security
NON-PAYMENT OF RENT
If the tenant is a few days late in paying rent, the agent will usually send them a reminder or get in touch with them. If the tenant falls more than 14 days behind with the rent, you can serve them with a termination notice giving them 14 days to vacate the property. There is a certain procedure your agent will follow when addressing this situation. A landlord and tenant can also agree to a suitable repayment plan for the outstanding rent to be paid over a certain period of time on top of the normal rent. It is always best to discuss options with your agent as each case is different.
For further information regarding “Non-Payment Of Rent” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/non-payment-of-rent
RENT INCREASES
If the fixed term period of the agreement has ended and the tenant is on a continuing (periodic) tenancy you can increase the rent. Before any rent increase can take effect, you must give the tenant at least 60 days notice in writing. Always consult with your agent about an appropriate rent increase based on the current market and the best discuss options.
For further information regarding “Rent Increases” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/rent-increases
SERVING NOTICE
The amount of notice you need to give depends on the circumstance. Different notice periods apply when a notice is served:
- from a tenant to end the tenancy agreement
- from a landlord to end the tenancy agreement
- to increase rent
- to access the premises to carry out an inspection
Consult your agent if you are in a situation when one of the above apply and they will guide you and assist you in how to serve notice based on your reason.
For further information regarding “Serving Notice” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/serving-notice
MAKING ALTERATIONS
From time to time, a tenant may wish to add to the comfort or security of the property by making minor changes at their own expense. It is important that the proper process is followed otherwise action can be taken for breaching the terms of the lease.
A tenant must first seek the landlord’s written consent before a tenant can add a fixture or make any renovation, alteration or addition to the premises. A tenant can make this request in writing to their agent. It is best to put it in writing so there is a record of the request.
For further information regarding “Making Alterations” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/making-alterations
RENTAL PAYMENTS
Your residential tenancy agreement sets out the terms for how much rent you need to pay, how often and for how long.When a tenant signs a tenancy agreement, the agent or landlord (self-managing) can only ask for 4 weeks rent as bond (to be paid to rental bonds online) and 2 weeks rent in advance.
Payments of regular rent might be required weekly, monthly or fortnightly. An agent has rental ledgers available as records or payments. If a landlord is self-managing they must provide the tenant with receipts. Every person named as a tenant on the residential tenancy agreement are legally responsible to pay the rent.
If a tenancy is separately metered the tenant can expect to pay electricity, gas, telephone, internet and water usage (unless the residential tenancy agreement includes certain utilities). Any rental payment that a tenant makes cannot be used by the landlord or agent to cover the cost of anything other than rent.
For further information regarding “Rental Payments” in NSW please click link below:
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/rental-payments