Rights and Duties of Landlord and the Tenant


Rights and Duties of Landlord and the Tenant

By : Kate Windle
Since a lease agreement is a legally binding contract, there are different rights & duties of the landlord and the tenant outlined by the Residential Tenancies Act 2010 in Sydney (NSW) to protect the interests of both parties. These obligations and rights allow the lessee/lessor to follow the correct code of conduct for a smooth tenancy and avoid disputes at its end.

For example, the tenant must keep and leave the property reasonably clean. Upon failing, the tenant cannot claim for a complete bond refund, which is why most lessees hire professional end of lease cleaners in Sydney to clean their rental property adequately.

If you are in a rental agreement or plan to enter one soon, here is your ultimate guide with insights about the landlord/tenant relationship and their rights & duties in NSW. Have a look.

Understanding the Relationship between Landlord & the Tenant

An association between a landlord & tenant forms when the former gives the latter the right to live in their property. It is the right to occupy the property, and the tenant must sign a tenancy contract to get it lawfully.

This contract outlines the terms, conditions, duration and other important information related to the lease agreement. To uphold the sanctity of a landlord/tenant relationship, both parties involved must know their responsibilities and legal rights.

Rights of the Landlord

In NSW, whether landlords manage the rental property themselves or hire a property manager, they have the following rights.

  • Freedom to conduct property inspections (maximum four per year) for repairs or showings when the house/unit is on sale.
  • Ask for a rental bond before the tenancy. Rental bonds are not more than four weeks of rent.
  • Get rent on time. The landlord can send a reminder notice if the rent is a few days late.
  • Ask the tenant to pay water charges. The landlord is entitled to his right if the property meets the water efficiency standard and has a water meter.
  • Additionally, the landlord can expect the lessee to keep and leave the rental property clean and maintained.
  • Duties of the Landlord

    Since the lessor gives the tenant the right to occupy the property, they have the following duties to honour the lease agreement.

  • A tenant has the right to live in the property even when the permission to occupy is oral, implied or only partly in writing. However, the landlord must give the tenant a written tenancy agreement.
  • Lodge the received bond with NSW Fair Trading‘s Office.
  • Ensure the property is clean and liveable at the start of a tenancy. Also, it is the responsibility of the landlord to perform repairs and necessary maintenance tasks.
  • Make sure the property is safe and secure. Install smoke detectors, pool fences and reliable locks.
  • Rights of the Tenant

    You must know your rights as a tenant to ensure you can start and end the tenancy without hassle or stress.

  • The right to privacy is also known as the right to quiet enjoyment of the property. The landlord can come to the property for inspections, repairs and other important matters but has to respect the tenancy’s privacy.
  • Get a copy of the lease agreement with entry condition reports (if the bond is paid).
  • Edit the condition report in case something is inaccurate or not mentioned.
  • End a tenancy with mutual agreement between the tenant and landlord.
  • Claim complete bond refund after keeping and returning the property in a reasonably clean condition.
  • Have urgent issues fixed and repairs done in time.
  • Landlords cannot ask you to hire professional cleaners who offer end of lease cleaning Sydney or clean the carpets.
  • Duties of the Tenant

    Besides knowing your rights as a tenant, you should also know the following duties to have a successful tenancy and end it without disputes.

  • The biggest responsibility of a tenant is to maintain the sanitation of the rental property during the tenancy and leave it in the same condition it was in at the start of the tenancy. Therefore, hiring professional end of lease cleaners in Sydney is a wise and practical solution.
  • Without adequate rental property cleaning and maintenance, tenants cannot get a full bond refund.
  • Notify the landlord immediately in case the need for urgent or non-urgent repairs or maintenance issues arise.
  • Not cause or permit nuisance at the premises.
  • Avoid interfering with privacy or the quiet enjoyment of neighbours.
  • Not use the rental property for illegal activities.
  • Take responsibility for the actions of a person legally allowed by the tenant to live on the premises.
  • Endnote

    Honouring a lease agreement and ensuring you can end it successfully is crucial for peace of mind. Thus, use the guide above to know the landlord and tenant’s duties and rights before starting or ending a tenancy.

    Also, as a tenant, seek the assistance of the best professionals performing end of lease cleaning in Sydney to get the rental premises cleaned adequately and claim your security deposit without deductions.