Private rental advice

1. Complete an application

If you've inspected a property and you'd like to rent it, you need to complete an application.

Make sure you have the documents you need:

• photographic ID
• income and bank details
• your rental history over the past few years
• employment details and history
• names of people who will give you rental or personal references and their contact numbers
• copies of accounts in your name.

You have to sign a declaration giving the agent permission to contact any of the people you list for references. Before you submit applications, call the people you have listed as your references and tell them that agents may contact them.

Follow up with the agent in a few days and ask if they need any other information.

If you are unsuccessful, ask the agent why as this might help with your next application.

If you need help to fill out an application, DCJ Housing staff can assist you.

2. Pay a deposit

You may have to pay a deposit (1 week’s rent) to reserve the property while the agent looks at your application.

If your application is not successful, the agent must refund this fee.

If your application is successful, the money can become part of the rent in advance.

The agent will tell you how much you must pay when you sign the residential tenancy agreement.

3. Set a start date

You and the landlord must decide a date when the tenancy starts. This is the date when the residential tenancy agreement will start.

On this day you receive the key and can move in. You must pay rent from this date even if you move in later.

Think about the best day to start paying rent. The day you are paid is recommended so you have the money when your rent is due.

4. Sign the residential tenancy agreement

The residential tenancy agreement is a legal contract. You and the landlord or agent agrees to the conditions listed when you sign it.

The agreement states:

• who is renting the property
• the period of time it will be rented (this is called the fixed-term period)
• the amount of rent to be paid and how you will pay it.

Before signing the residential tenancy agreement, make sure you read and understand it. Ask someone you trust to go through it with you.

When you sign the residential tenancy agreement the landlord or agent must give you:

• a signed copy of the residential tenancy agreement
• the property condition report
• the Fair Trading's New tenant information statement.

These documents should be kept in a safe place.

5. Pay the bond and rent in advance

You must pay two weeks’ rent in advance at the start of the tenancy. Once you have done this you will never be behind if you pay the rent when it is due.

What is bond?

A security for the landlord if you stop paying rent or damage the property.

How much bond will you pay?

• unfurnished premises – 4 weeks rent
• fully furnished premises (less than $250 week) – 6 weeks rent
• fully furnished premises (more than $250 week) – unlimited.

What happens to the bond money?

You sign a bond lodgement form. The agent or landlord must lodge the money with the Rental Bond Board within seven days. You will be sent a receipt by the Rental Bond Board. You should keep this with your copy of the residential tenancy agreement.

If you have met your tenancy obligations you can claim the rental bond at the end of the tenancy and receive a refund.

6. Complete the condition report

The landlord or agent fills out and signs 3 copies of the condition report. The agent must give you 2 copies of the filled out condition report by the time the tenancy begins.

You must fill out the ‘tenant agrees’ column with a Y (for yes) or an N (for no). If you do not agree you should write a reason in the comments area of the report.

You must sign and return a copy to the landlord or agent within 7 days and keep the other copy safe with your copy of the residential tenancy agreement.

7. Pay the rent

You and the landlord should agree on the rent you will pay and the method of payment before you move in. Rent is usually paid weekly, fortnightly or monthly.

A direct debit through Centrepay (a free direct bill-paying service for customers receiving payments from Centrelink) or your employer is helpful to make sure your rent is always paid on time.

If you pay your rent by cash or cheque, the landlord or agent must always give you a receipt. You should keep the receipts with your copy of the residential tenancy agreement.

If you deposit the money into a bank account or pay by Centrepay or direct debit, you may ask for a regular statement.

The landlord or agent must give you at least 60 days’ written notice if they want to increase the rent.

8. Moving in

Once you have paid the bond and rent in advance, signed the residential tenancy agreement and received the keys you are ready to move in.

You will need to have the gas, electricity and telephone connected in your name and pay deposits if required. You are free to choose your gas and electricity suppliers.

You may be able to get help with furniture, a fridge or loans for deposits from local welfare agencies or a no or low interest loan. Ask staff at DCJ Housing for a list of local agencies that may be able to help.

9. Avoiding problems with your tenancy

To avoid problems with your tenancy:

• read Fair Trading's renting a home guide to understand your rights and responsibilities
• pay your rent on time
• take good care of the property
• don’t disturb the peace, comfort or privacy of neighbours
• ask permission if you want another person to move in
• if you agree to anything, confirm it in writing and send your landlord or agent a copy
• keep all documents about the tenancy (eg condition report, tenancy agreement, letters and receipts) in a safe place
• if you are sent a notice of a NSW Civil and Administrative Tribunal (NCAT) hearing, you must attend.

10. At the end of the tenancy

By law, you must give the landlord notice in advance if you want to end the tenancy:

• 14 days before if you plan to leave when the fixed-term period finishes
• 21 days before if the fixed-term period has already ended.

Ending a residential tenancy agreement before the end of the fixed term period, can cost you money. The agent can claim for:

• rent until a new tenant moves in or the agreement runs out
• a re-letting fee
• advertising costs

When the fixed-term period ends you may have the option to continue to rent on an ongoing basis. It is important to tell the agent if you want to stay on before the fixed-term ends.

When you are ready to leave you must provide the landlord with a written note stating:

• the address of the property
• the date you will move out
• your name/signature and date of the letter.

Once you have moved out you must:

• meet the landlord at the property for a final inspection
• complete the original condition report
• return the keys.

You can then claim the bond.

See Fair Trading's ending a tenancy guide for more information

11. Claim the bond at the end of the tenancy

When the tenancy is finished you can claim back the bond.

• Fill in a Claim for refund of bond money form
• If your rent is up to date and there is no damage to the property, the agent signs the form
• You can send the form back by email, post or in person at any Service NSW centre
• If some of the bond is to be used for cleaning or repairs, you should sign the same form claiming a reduced amount

If you and the agent cannot agree, you should make a claim yourself by sending a claim form to Fair Trading without the signature of the agent.

A notice will be sent to the agent advising them of the claim and giving them 14 days to apply to the NSW Civil and Administrative Tribunal (NCAT) to dispute it.

If no reply is received within 14 days the bond will be paid to you. The agent may also make a claim without your signature.

12. Rights and responsibilities

As a tenant you have rights as well as responsibilities. There are laws to protect the rights of tenants and landlords.

For more information contact NSW Fair Trading. Fair Trading is responsible for the laws about renting.

Fair Trading
13 32 20