What tenants need to be told about a rental property

Landlords and property agents must tell tenants key information about a property

Before signing a tenancy agreement, a landlord or agent must tell the tenant if the property is:

• planned to be sold and the landlord has a contract of sale prepared
• subject to court action where the mortgagee is trying to take possession of the property
• in a strata scheme and a strata renewal committee is currently established for the strata scheme.

If a property is part of a strata scheme

If the rental property is in a strata scheme, the tenant must also get a copy of the strata scheme’s by-laws.

Telling tenants material facts about a property

'Material facts' are important information that may affect a prospective tenant's decision about a property. A landlord or agent must not persuade or influence a potential tenant to sign an agreement by making false or misleading representations or statements, or by knowingly hiding 'material facts' that the property:

• has been affected by flooding from a natural weather event or bushfire in the last five years
• has significant health or safety risks that would not be apparent to the tenant
• has been the scene of a serious violent crime (e.g. murder or aggravated assault) in the last five years
• is listed on the loose-fill asbestos insulation register
• has been used to manufacture or cultivate a prohibited drug or prohibited plant in the last two years
• is part of a building where a fire safety or building product rectification order (or a notice of intention to issue one of these orders) has been issued for external combustible cladding
• is part of a building where a development or complying development certificate application for rectification has been lodged for external combustible cladding
• is in a strata scheme where scheduled rectification work or major repairs will be done to common property during the fixed term of the agreement
• is affected by zoning or laws that will not allow a tenant to obtain a parking permit, and only paid parking is available in the area
• is provided with any council waste services that are different to other properties in the council area
• has a driveway or walkway that others can legally use.

See also the information that landlords or agents need to provide tenants when signing a residential tenancy agreement.

A tenant can give a termination notice or apply to the NSW Civil and Administrative Tribunal (the Tribunal) to end the tenancy if landlords or agents don't follow these rules.