Residential tenancy agreement (standard form)

A landlord must make sure a residential tenancy agreement is in writing at the start of the tenancy (Residential Tenancies Act 2010 s 14). The regulations prescribe a standard form, and an agreement of a kind covered by the standard form is taken to include its terms (s 15(1) and (5)). Extra terms can be added only if they do not breach the Act, the regulations or another Act and are not inconsistent with the standard terms (s 15(4)). NSW Fair Trading publishes the form, which states it is the standard form agreement in Schedule 1 to the Residential Tenancies Regulation 2019. It records the parties, term, rent, bond, utilities, smoke alarms, strata by-laws and consent to electronic service, followed by the standard terms and any additional terms.

When you need it

• A landlord or agent is starting a new residential tenancy of NSW premises, fixed term or periodic.
• A further fixed term is being agreed with the same tenant. Note a fixed term agreement that simply runs on after the end date continues as a periodic agreement on the same terms (s 18).
• A pet is being approved and the parties want to record the pet terms in the optional pets clauses.

1. 1

   Parties and contact details

   Record when and where the agreement was made, the landlord's name and contact details (and the state or country they live in if not NSW), the tenants, and any landlord's or tenant's agent. If there is no agent, the landlord's phone number and address for service must be given.

2. 2

   Term, premises and rent

   Select the term (6 months to 5 years, other, or periodic), insert the address and any inclusions, and set the rent, frequency, due day and first payment date. The landlord must offer rent payment by approved electronic transfer or Centrepay without a fee, and cannot require more than 2 weeks' rent in advance.

3. 3

   Rental bond

   Insert the bond (no more than 4 weeks' rent) and who it was paid to. The form notes all bonds must be lodged with NSW Fair Trading: within 10 working days if paid to the landlord, or within 10 working days after the end of the month if paid to an agent.

4. 4

   Important information

   Complete maximum occupants, nominated tradespeople for urgent repairs, whether water usage is charged, embedded networks, the type of smoke alarms and replaceable batteries, and whether strata by-laws apply.

5. 5

   Electronic service and additional terms

   Each party ticks whether they consent to notices being served by email and gives the address. Add any agreed additional terms that comply with s 15(4), and the pets clauses if a pet is approved.

6. 6

   Sign and acknowledge

   The landlord or agent and each tenant sign. The landlord also signs the acknowledgment of the Landlord Information Statement (s 31A) and the tenant acknowledges receiving the Tenant Information Statement.

• The agreement is not lodged with Fair Trading. The landlord or agent must give the tenant a copy before or when the tenant hands over the signed copy, and a copy signed by both as soon as practicable (s 28).
• Give the tenant the Tenant Information Statement before they enter into the agreement (s 26(4)) and 2 copies or one electronic copy of the completed condition report before or when they sign (s 29(2)). The tenant returns a completed copy of the condition report within 7 days after moving in (s 29(3)).
• Lodge the bond with NSW Fair Trading within the time noted on the form.
• The form notes that a fixed term of more than 3 years must be annexed to the form approved by the Registrar-General for registration under the Real Property Act 1900.

• If a landlord fails to put the agreement in writing, they cannot rely on the sale, renovation, change of use, family move-in and similar grounds in ss 87E to 87M during the first 6 months (s 14(3)).
• Where the tenant has signed and the landlord has not, accepting rent without reservation gives the agreement effect as if the landlord had signed (s 17).
• Use the current version from the Fair Trading page. The form states it is the standard form from 21 September 2026.