Changes to NSW Residential Tenancy Law that will affect landlords and tenants

Changes to NSW Residential Tenancy Law that will affect landlords and tenants

As the number of renters continues to rise in New South Wales, the NSW Government is pushing through changes to the residential tenancy laws aimed to strengthen the rights of tenants, and encourage long term rental arrangements. These changes will affect landlords and tenants in NSW. NSW Fair Trading is seeking feedback from interested parties about the proposed changes to the Residential Tenancies Regulation 2019. Key changes to the Regulations include:

  • expanding the list of material facts that landlords must not knowingly conceal from a prospective tenant to include drug crimes;
  • establishing a list of minor alterations that a tenant can carry out, where it would be unreasonable for a landlord to withhold consent, and specifying which alterations may be carried out by a qualified person;
  • providing an option for a 5-year fixed term in the standard lease to encourage landlord and tenants to consider longer term leases;
  • providing mandatory terms that cannot be modified or excluded from fixed-term tenancy agreements of 20 years or more;
  • simplifying clauses to make to easier to read and to improve consistency.

We encourage landlords and tenants to consider how the changes might affect them, and participate in the feedback process. The consultation period closes on 2 August 2019. For a full list of the proposed changes, and details about how you can provide feedback, visit NSW Fair Trading’s website.