Chapter 1. Overview & Federal vs State Framework
1-1. Why state-by-state?
Residential tenancies are governed by state and territory legislation, not federal law. Australia has eight separate residential-tenancy regimes:
| Jurisdiction | Principal Act | Regulator |
|---|---|---|
| New South Wales | Residential Tenancies Act 2010 (NSW) | NSW Fair Trading |
| Victoria | Residential Tenancies Act 1997 (Vic) | Consumer Affairs Victoria (CAV) — bonds held by RTBA |
| Queensland | Residential Tenancies and Rooming Accommodation Act 2008 (Qld) | Residential Tenancies Authority (RTA) |
| Western Australia | Residential Tenancies Act 1987 (WA) | Consumer Protection (DMIRS) |
| South Australia | Residential Tenancies Act 1995 (SA) | Consumer and Business Services |
| Tasmania | Residential Tenancy Act 1997 (Tas) | Consumer, Building and Occupational Services |
| ACT | Residential Tenancies Act 1997 (ACT) | Access Canberra |
| Northern Territory | Residential Tenancies Act 1999 (NT) | Consumer Affairs NT |
This bible covers NSW, VIC and QLD in detail — together they account for the majority of Australian residential tenancies. Operators outside these three jurisdictions must consult the applicable state legislation; Scribe templates are scoped accordingly.
1-2. State Regulators (the three covered jurisdictions)
- NSW Fair Trading — administers Residential Tenancies Act 2010 (NSW); operates Rental Bonds Online: https://www.fairtrading.nsw.gov.au/housing-and-property/renting
- Consumer Affairs Victoria (CAV) — administers Residential Tenancies Act 1997 (Vic); the Residential Tenancies Bond Authority (RTBA) holds all Victorian bonds: https://www.consumer.vic.gov.au/housing/renting
- Residential Tenancies Authority (RTA) — Queensland statutory authority that administers and operates bond-holding for Residential Tenancies and Rooming Accommodation Act 2008 (Qld): https://www.rta.qld.gov.au/
1-3. Three-Jurisdiction Summary Table
| Topic | NSW | VIC | QLD |
|---|---|---|---|
| Principal Act | Residential Tenancies Act 2010 (NSW) | Residential Tenancies Act 1997 (Vic) | Residential Tenancies and Rooming Accommodation Act 2008 (Qld) |
| Regulator | NSW Fair Trading | Consumer Affairs Victoria | Residential Tenancies Authority (RTA) |
| Standard-form lease | "Standard form residential tenancy agreement" — Schedule 1, Residential Tenancies Regulation 2019 (NSW) | "Form 1 — Residential rental agreement" — prescribed under Residential Tenancies Regulations 2021 (Vic) | "General tenancy agreement (Form 18a)" — prescribed under Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld) |
| Bond cap | 4 weeks rent (Residential Tenancies Act 2010 (NSW), s.159(1)(a)) | 1 month rent (where rent ≤ A$900/week, indexed) (Residential Tenancies Act 1997 (Vic), s.31) | 4 weeks rent where rent ≤ A$700/week (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.146) |
| Bond holder | NSW Fair Trading (Rental Bonds Online) | Residential Tenancies Bond Authority (RTBA) | Residential Tenancies Authority (RTA) |
| Lodgement deadline (paid to landlord/lessor) | 10 working days | 10 business days (Residential Tenancies Act 1997 (Vic), s.406) | 10 days |
| Minimum standards | Yes — 7 minimum standards (Residential Tenancies Regulation 2019 (NSW), cl 16, Schedule 1) | Yes — 14 categories (Residential Tenancies Regulations 2021 (Vic), Sch 4) | Yes — Minimum housing standards from 1 Sept 2023 / 1 Sept 2024 (Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Pt 1A) |
| Rent increase frequency | Once per 12 months (since 31 Oct 2024) (Residential Tenancies Act 2010 (NSW), s.41) | Once per 12 months (Residential Tenancies Act 1997 (Vic), s.44) | Once per 12 months (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.93) |
| Rent increase notice (written) | At least 60 days (Residential Tenancies Act 2010 (NSW), s.41) | At least 60 days (Residential Tenancies Act 1997 (Vic), s.44) | At least 2 months — general tenancy (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.93(2)) |
| Tribunal | NSW Civil and Administrative Tribunal (NCAT) | Victorian Civil and Administrative Tribunal (VCAT) | Queensland Civil and Administrative Tribunal (QCAT) |
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Quick Decision Matrix
Navigate your lease situation in 5 seconds.
| Your Role | Your Situation | Priority Action | Go To |
|---|---|---|---|
| Tenant | Signing a new lease | Review key terms before signing | Chapter 3 |
| Tenant | Deposit dispute | Know your rights and timelines | Chapter 4 |
| Tenant | Repair or maintenance issue | Understand landlord obligations | Chapter 4 |
| Landlord | First rental property | Registration + legal requirements | Chapter 2 |
| Landlord | Ending a tenancy | Notice periods and procedures | Chapter 5 |
| Landlord | Rent increase | Legal limits and notice requirements | Chapter 4 |
5-second answer: Whether you're a landlord or tenant, start with Chapter 2 for the legal framework, then Chapter 3 for your specific obligations.