Window, deck, and balcony safety in a rental property

Landlords' responsibilities

At the beginning of a tenancy, one of the documents a landlord or agent must give you is a ‘condition report’. Any faults or damage, including to decks or balconies, should be noted on the condition report that must be completed and signed by both parties.

If the landlord or agent promises to repair the rented property, the tenant should make sure they get it in writing (before signing the lease) and ensure the repairs have been completed before they move in.

If something in the premises breaks or needs fixing during a tenancy, the tenant should contact the landlord or agent as soon as possible. The law distinguishes between urgent emergency repairs and those which are not so urgent. If urgent repairs are needed, the tenant should notify the landlord or agent right away.

Window safety devices

• In NSW, all residential strata buildings must be fitted with window safety devices so that the maximum window opening can be limited to less than 12.5 cm.
• The devices must be able to withstand a force of 250 newtons (which is equal to 25 kilograms of force), and if the device can be unlocked or disengaged it must have a child resistant mechanism.
• There is no obligation for landlords to monitor or enforce the use of window safety devices.
• Landlords must allow the installation of window safety devices for child safety, if a tenant requests it.

Learn more about getting repairs done on a rental property.

Read the NSW Fair Trading deck and balcony safety guide for more information.