Pillar guide · Australia · lease
Last verified: 2026-05-02 · 4,500 words · 22 government sources
Australian Residential Tenancy Agreements 2026: NSW/VIC/QLD State-by-State Complete Guide
Last verified: 2026-05-02 Jurisdiction: New South Wales, Victoria and Queensland (state legislation; no federal residential-tenancies act)
Residential tenancies in Australia are governed by state and territory legislation, not federal law. Each of the eight Australian jurisdictions has its own residential-tenancies Act, its own prescribed standard-form lease, its own bond authority and its own civil and administrative tribunal. There is no single national rental agreement, no national bond cap and no national notice period for ending a tenancy — there are, instead, eight parallel systems. This pillar guide focuses on the three jurisdictions that account for the majority of Australian residential tenancies — New South Wales (Residential Tenancies Act 2010 (NSW)), Victoria (Residential Tenancies Act 1997 (Vic)) and Queensland (Residential Tenancies and Rooming Accommodation Act 2008 (Qld)) — and compares them side-by-side on bond cap, rent-increase frequency, minimum standards, entry-notice rules, condition reports and the no-grounds-termination reforms that have reshaped each jurisdiction between 2021 and 2025. This article provides legal information only, not legal advice — operators outside NSW/VIC/QLD must consult the applicable state Act, and within NSW/VIC/QLD must verify the current text on the relevant state legislation site (legislation.nsw.gov.au, legislation.vic.gov.au, legislation.qld.gov.au) and current regulator guidance (fairtrading.nsw.gov.au, consumer.vic.gov.au, rta.qld.gov.au).
Australia Lease & Tenancy: Australian Residential Tenancy Agreements 2026: NSW/VIC/QLD State-by-S. Complete guide with 2026 legal requirements and proc...
📑 Table of Contents
- Quick Answer (TL;DR)
- Table of Contents
- 1. Overview — Why State-by-State?
- 2. Legal Foundation — Three State Acts
- 3. Choosing the Right Form — NSW Schedule 1, VIC Form 1, QLD Form 18a
- 4. Required Documents and Information
- 5. Step-by-Step Process — Disclosure, Signing, Bond Lodgement, Condition Report
- 6. Costs and Timeline
- 7. Common Mistakes — A Gyoseishoshi Document-Preparation Perspective
- 8. After Completion — Rent Increases, Repairs, Entry, Termination
- 9. Frequently Asked Questions
- 10. Conclusion
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Quick Answer (TL;DR)
A residential tenancy in NSW, VIC or QLD must be in writing using the state-prescribed standard-form lease — Schedule 1 of the Residential Tenancies Regulation 2019 (NSW), Form 1 under the Residential Tenancies Regulations 2021 (Vic), and Form 18a under the Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld). The bond is capped at 4 weeks rent in NSW (Residential Tenancies Act 2010 (NSW), s.159(1)(a)), 1 month rent in VIC where rent ≤ A$900/week (Residential Tenancies Act 1997 (Vic), s.31), and 4 weeks rent in QLD where rent ≤ A$700/week (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.146). The bond must be lodged with the state authority — NSW Fair Trading via Rental Bonds Online, the Residential Tenancies Bond Authority (RTBA) in Victoria, or the Residential Tenancies Authority (RTA) in Queensland — and never retained personally by the lessor. Rent can be increased once per 12 months in all three states, with 60 days written notice in NSW and VIC and 2 months written notice in QLD. Since 19 May 2025 in NSW, 29 March 2021 in VIC and 1 October 2022 in QLD, landlords cannot end a tenancy without specifying a prescribed reason. End-of-tenancy disputes go to NCAT (NSW), VCAT (VIC) or QCAT (QLD).
Table of Contents
- Overview — Why State-by-State?
- Legal Foundation — Three State Acts
- Choosing the Right Form — NSW Schedule 1, VIC Form 1, QLD Form 18a
- Required Documents and Information
- Step-by-Step Process — Disclosure, Signing, Bond Lodgement, Condition Report
- Costs and Timeline
- Common Mistakes — A Gyoseishoshi Document-Preparation Perspective
- After Completion — Rent Increases, Repairs, Entry, Termination
- Frequently Asked Questions
- Conclusion
1. Overview — Why State-by-State?
Australia has no federal residential-tenancies Act. Residential tenancies are within the legislative power of each state and territory under the residual constitutional power. The result is 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 guide 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; tenancy templates must be scoped to the state where the property is located, never imported from another state.
The three regulators that operators in NSW/VIC/QLD interact with are:
- NSW Fair Trading — administers the Residential Tenancies Act 2010 (NSW); operates Rental Bonds Online at https://www.fairtrading.nsw.gov.au/housing-and-property/renting.
- Consumer Affairs Victoria (CAV) — administers the Residential Tenancies Act 1997 (Vic); the Residential Tenancies Bond Authority (RTBA) holds all Victorian bonds; CAV portal: https://www.consumer.vic.gov.au/housing/renting.
- Residential Tenancies Authority (RTA) — Queensland statutory authority that both administers the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) and operates the bond-holding service; portal: https://www.rta.qld.gov.au/.
2. Legal Foundation — Three State Acts
The three Acts and their associated regulations form the entire legal foundation for residential tenancies in NSW, VIC and QLD. There is no overlay of federal residential-tenancies law — federal law is relevant only at the periphery (e.g. anti-discrimination law under the Sex Discrimination Act 1984 (Cth) for tenant selection, or the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) for misleading-or-deceptive conduct in tenancy advertising).
| State | Principal Act | Principal Regulation | Tribunal |
|---|---|---|---|
| NSW | Residential Tenancies Act 2010 (NSW) — https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-042 | Residential Tenancies Regulation 2019 (NSW) — https://legislation.nsw.gov.au/view/pdf/asmade/sl-2019-629 | NSW Civil and Administrative Tribunal (NCAT) |
| VIC | Residential Tenancies Act 1997 (Vic) — https://www.legislation.vic.gov.au/in-force/acts/residential-tenancies-act-1997 | Residential Tenancies Regulations 2021 (Vic) | Victorian Civil and Administrative Tribunal (VCAT) |
| QLD | Residential Tenancies and Rooming Accommodation Act 2008 (Qld) — https://www.legislation.qld.gov.au/view/html/inforce/current/act-2008-073 | Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld) | Queensland Civil and Administrative Tribunal (QCAT) |
Victoria additionally adopted a terminology shift through the Residential Tenancies Amendment Act 2018 (Vic) (operative 29 March 2021): the words “tenant” and “landlord” were replaced throughout the Victorian Act with “renter” and “rental provider”, and “tenancy agreement” became “rental agreement”. NSW and QLD have retained the traditional terminology (tenant / landlord / lessor / tenancy agreement). For clarity, this guide uses the state-correct term in each section.
3. Choosing the Right Form — NSW Schedule 1, VIC Form 1, QLD Form 18a
NSW — Standard Form Residential Tenancy Agreement (Schedule 1)
NSW law mandates the use of a standard form residential tenancy agreement. Under Residential Tenancies Act 2010 (NSW), s.14, a residential tenancy agreement must be in writing and must contain the standard terms set out in the regulations. The standard form is prescribed in Schedule 1 of the Residential Tenancies Regulation 2019 (NSW).
The New Tenant Checklist (the information statement under s.26) must be given to the tenant before signing. Mandatory disclosures by the landlord under Residential Tenancies Act 2010 (NSW), s.26 include: whether the property has been the scene of a serious violent crime in the previous 5 years; whether the property is for sale; whether there are pending court orders affecting the property; whether the property is subject to a strata renewal proposal; and known health hazards (asbestos, loose-fill insulation, etc.).
VIC — Residential Rental Agreement (Form 1)
Form 1 is the prescribed Victorian residential rental agreement under the Residential Tenancies Regulations 2021 (Vic). The Renters Guide (the information statement under Residential Tenancies Act 1997 (Vic), s.66) must be provided to every new renter — published by CAV at https://cms9.consumer.vic.gov.au/library/publications/housing-and-accommodation/renting/renters-guide.pdf.
Mandatory pre-contractual disclosures under Residential Tenancies Act 1997 (Vic), s.30D and the prescribed disclosure form include: whether the property is subject to a sale contract or has been advertised for sale; whether the property is subject to a mortgagee in possession action; asbestos register entries; embedded electricity network and tariff information; any rooming-house registration; and whether the rental provider is an owners corporation.
QLD — General Tenancy Agreement (Form 18a)
Queensland prescribes Form 18a as the general tenancy agreement (and Form 18b for moveable dwellings). Use of the prescribed form is required under Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.60–s.61 read with the 2009 Regulation. Form 18a is published by the RTA at https://www.rta.qld.gov.au/forms-resources/forms/forms-for-general-tenancies.
The Pocket Guide for Tenants (Form 17a) must be provided to the tenant when they sign the agreement under Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.227.
Mandatory disclosures under Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.62 and Pt 5 Div 1 of the Act include: whether the property is connected to mains water and whether the tenant is required to pay for water; whether the tenancy continues indefinitely after a fixed term ends; the pool safety certificate where applicable under Building Act 1975 (Qld), s.246ATD; and whether the property is subject to a mortgage with default action.
Three-Jurisdiction Side-by-Side Comparison
| Topic | NSW | VIC | QLD |
|---|---|---|---|
| Standard-form lease | Schedule 1, Residential Tenancies Regulation 2019 (NSW) | Form 1 (Residential Tenancies Regulations 2021 (Vic)) | Form 18a (RTA Regulation 2009) |
| Bond cap | 4 weeks rent (Residential Tenancies Act 2010 (NSW), s.159(1)(a)) | 1 month rent where rent ≤ A$900/week (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) |
| Bond lodgement deadline | 10 working days (s.158, s.159) | 10 business days (Residential Tenancies Act 1997 (Vic), s.406) | 10 days (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.116) |
| Information statement | New Tenant Checklist (s.26) | Renters Guide (s.66) | Pocket Guide — Form 17a (s.227) |
| Minimum standards | 7 standards (Residential Tenancies Regulation 2019 (NSW), cl 16, Schedule 1) | 14 categories (Residential Tenancies Regulations 2021 (Vic), Sch 4) | Minimum housing standards (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 (minimum) | 60 days (s.41) | 60 days (s.45) | 2 months for general tenancy (s.93(2)) |
| No-grounds termination by landlord | Not permitted from 19 May 2025 (NSW reform — s.84A) | Not permitted from 29 March 2021 (s.91ZZ) | Not permitted from 1 October 2022 (s.290 amendments) |
| Tribunal | NCAT | VCAT | QCAT |
4. Required Documents and Information
Before signing, both parties (the lessor or rental provider, and the tenant or renter) need the following — the precise form differs by state but the substance is consistent:
- Identity and address details for the parties (full legal names, residential addresses, contact details).
- Premises description — full property address, parts included (parking spaces, storage, garden), parts excluded (where the property is part of a larger building).
- Term — fixed-term start and end dates, or periodic from a start date.
- Rent and payment cycle — weekly, fortnightly or monthly amounts; payment method; bank details where applicable.
- Bond — amount within the statutory cap and the state authority lodgement details.
- Special terms — additional terms that do not contradict the standard form or the Act. Inconsistent terms are void: NSW s.18; VIC s.27; QLD s.171.
- Disclosure information required by the state Act (NSW s.26; VIC s.30D; QLD s.62).
- Condition report — pre-prepared by the lessor / rental provider for the tenant / renter to review and complete (NSW s.29 + Sch 2; VIC s.35; QLD s.65 — Form 1a).
- Information statement for the tenant / renter (NSW New Tenant Checklist; VIC Renters Guide; QLD Pocket Guide Form 17a).
5. Step-by-Step Process — Disclosure, Signing, Bond Lodgement, Condition Report
Step 1 — Pre-tenancy disclosures and information statement
Before the renter or tenant signs, the rental provider or lessor must provide:
- NSW: the New Tenant Checklist under Residential Tenancies Act 2010 (NSW), s.26.
- VIC: the Renters Guide under Residential Tenancies Act 1997 (Vic), s.66, and the prescribed disclosure form under s.30D.
- QLD: the Pocket Guide for Tenants (Form 17a) under Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.227, and Form 18a unsigned for review.
Failure to provide these is an offence under the relevant state Act.
Step 2 — Complete the standard-form agreement
Use the prescribed standard form for the relevant state (NSW Schedule 1 / VIC Form 1 / QLD Form 18a). Add only additional terms that do not contradict the standard terms or the Act. Under each state’s framework, terms inconsistent with the Act are void:
- NSW: Residential Tenancies Act 2010 (NSW), s.18.
- VIC: Residential Tenancies Act 1997 (Vic), s.27.
- QLD: Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.171.
Step 3 — Condition report
A written condition report must be prepared at the start of the tenancy. The condition report is the central evidence in any end-of-tenancy bond-claim dispute.
- NSW: Residential Tenancies Act 2010 (NSW), s.29 + Residential Tenancies Regulation 2019 (NSW), Sch 2 — landlord/agent gives the report; tenant returns within 7 days marking disagreements.
- VIC: Residential Tenancies Act 1997 (Vic), s.35 — rental provider gives the condition report (in 2 copies) on or before the day the renter is entitled to possession.
- QLD: Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.65 — Form 1a issued; tenant returns within 7 days.
Step 4 — Take the bond and lodge with the state authority
The bond must be paid into the state-run bond authority. It is unlawful for a landlord/lessor or agent to retain the bond personally.
| State | Bond holder | Statutory deadline |
|---|---|---|
| NSW | NSW Fair Trading via Rental Bonds Online | If paid to landlord: deposit with NSW Fair Trading within 10 working days; if paid to agent: deposit by end of the month following the month in which paid (Residential Tenancies Act 2010 (NSW), s.158, s.159) |
| VIC | Residential Tenancies Bond Authority (RTBA) | Lodge within 10 business days (Residential Tenancies Act 1997 (Vic), s.406) |
| QLD | Residential Tenancies Authority (RTA) | Lodge within 10 days (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.116) |
Lodgement portals: NSW — https://www.fairtrading.nsw.gov.au/ (Rental Bonds Online); VIC — RTBA; QLD — https://www.rta.qld.gov.au/rta-web-services/online-bond-lodgement (Form 2 or online).
Step 5 — Possession and minimum standards
The rental provider/lessor must deliver possession on the date specified, with the property complying with minimum standards:
- NSW: Residential Tenancies Regulation 2019 (NSW), cl 16 + Schedule 1 — 7 standards including structurally sound, adequate natural / artificial light to non-bedroom rooms, adequate ventilation, gas/electric/oil cooking facilities, functioning bathroom and toilet, functioning hot/cold water supply, fitness for habitation.
- VIC: Residential Tenancies Regulations 2021 (Vic), Sch 4 — 14 categories including locks compliant with the Australian Standard, electrical safety, gas safety, mould-free, vermin-free, hot and cold running water, structurally sound, weather resistant, working stove top with at least 2 burners, kitchen sink, food preparation surface, internal toilet, bathroom with shower or bath, heating in main living area. Renting out a property below standard is a criminal offence under Residential Tenancies Act 1997 (Vic), s.65A.
- QLD: Minimum housing standards under Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Pt 1A — applicable to new tenancies from 1 September 2023 and to all tenancies from 1 September 2024: https://www.rta.qld.gov.au/forms-resources/rental-law-changes/ongoing-rental-law-changes.
Step 6 — Receipts and rent records
Throughout the tenancy, the rental provider/lessor must keep receipts for rent (or a rent record) and provide them on request:
- NSW: Residential Tenancies Act 2010 (NSW), s.40.
- VIC: Residential Tenancies Act 1997 (Vic), s.39.
- QLD: Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.84.
6. Costs and Timeline
Statutory and prohibited charges
| Item | Amount | State Reference |
|---|---|---|
| Bond | Up to 4 weeks (NSW/QLD ≤ A$700) / 1 month (VIC ≤ A$900) | NSW s.159(1)(a) / VIC s.31 / QLD s.146 |
| Rent in advance (first payment) | NSW: max 2 weeks (s.157); VIC: max 1 month (s.40); QLD: max 2 weeks general / 4 weeks where rent > A$700 (s.87) | — |
| Application fee | Prohibited — landlord/agent cannot charge a fee for application or processing | NSW s.190 / VIC s.50 / QLD s.176 |
| Fee for preparing the lease | Prohibited | NSW s.190 / VIC s.49 / QLD s.176 |
State authority charges
- NSW Rental Bonds Online: no fee.
- RTBA (VIC): no fee.
- RTA (QLD): no fee.
Tribunal fees
NCAT (NSW), VCAT (VIC) and QCAT (QLD) charge filing fees when a residential-tenancy dispute proceeds to tribunal — fees are published on each tribunal’s website and may be waived in cases of financial hardship.
Typical timeline
| Stage | Duration |
|---|---|
| Pre-tenancy disclosure + application review | 1–7 days |
| Lease signing + first payment + bond | Same day |
| Bond lodgement with state authority | Within 10 days (statutory) |
| Tenant possession | On agreed start date |
| End of tenancy: notice → vacate → bond refund | Notice period + bond refund typically 5–15 business days post final inspection |
7. Common Mistakes — A Gyoseishoshi Document-Preparation Perspective
| # | Common Error | Statute Reference |
|---|---|---|
| 1 | Using a non-standard or out-of-state lease form | NSW s.14; VIC s.27; QLD s.60 |
| 2 | Bond not lodged with the state authority within the statutory period | NSW s.158, s.159; VIC s.406; QLD s.116 |
| 3 | Bond exceeding the statutory cap | NSW s.159(1)(a); VIC s.31; QLD s.146 |
| 4 | Failure to issue the tenant information statement | NSW s.26; VIC s.66; QLD s.227 |
| 5 | Condition report missing or late | NSW s.29; VIC s.35; QLD s.65 |
| 6 | Rent increased twice in 12 months | NSW s.41; VIC s.44(2); QLD s.93(1A) |
| 7 | Rent-increase notice less than the statutory minimum | NSW: 60 days (s.41); VIC: 60 days (s.45); QLD: 2 months (s.93(2)) |
| 8 | Entry without proper written notice | NSW s.55; VIC s.86; QLD s.193 |
| 9 | NSW landlord ending tenancy without specifying a prescribed reason (post 19 May 2025) | NSW s.84A |
| 10 | VIC property below the 14 minimum standards on day 1 (criminal offence) | VIC s.65A + Sch 4, Residential Tenancies Regulations 2021 (Vic) |
| 11 | QLD termination notice using the wrong Form (Form 12 vs 13 vs 15) | QLD s.327, Forms 12/13/15 |
| 12 | Withholding bond or applying it to last week’s rent without the tenant’s consent | NSW s.158; VIC s.31; QLD s.116 |
| 13 | Charging an application fee or lease-preparation fee | NSW s.190; VIC s.49–s.50; QLD s.176 |
8. After Completion — Rent Increases, Repairs, Entry, Termination
Rent increases (once per 12 months, written notice)
- NSW (since 31 October 2024): rent may be increased no more than once in any 12-month period during a continuing tenancy under Residential Tenancies Act 2010 (NSW), s.41. At least 60 days written notice is required. Reform page: https://www.fairtrading.nsw.gov.au/housing-and-property/renting/new-residential-tenancy-laws.
- VIC: once per 12 months under Residential Tenancies Act 1997 (Vic), s.44(2). At least 60 days written notice on the prescribed form is required (s.45). The renter may apply to CAV for a rent assessment if they consider the increase excessive (s.45A).
- QLD: once per 12 months under Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.93(1A). At least 2 months written notice for a general tenancy (s.93(2)). RTA rent page: https://www.rta.qld.gov.au/rent.
Repairs — urgent and routine
Each Act distinguishes urgent repairs (burst water service, gas leak, dangerous electrical fault, blocked or broken toilet, serious roof/storm damage, faults that make the property unsafe or insecure) from routine repairs:
- NSW: Residential Tenancies Act 2010 (NSW), s.62 — tenant may arrange and recover up to A$1,000 if the landlord fails to act.
- VIC: Residential Tenancies Act 1997 (Vic), s.72, s.73 — renter may arrange urgent repairs and seek reimbursement up to A$2,500.
- QLD: Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.214 — emergency repairs; tenant may arrange up to a statutory limit.
Routine repairs must be undertaken within a reasonable time.
Entry and inspection — minimum written notice
| Purpose | NSW notice | VIC notice | QLD notice |
|---|---|---|---|
| General inspection | 7 days written (s.55) — max 4/year | 7 days written (s.86) — max 1 every 6 months | 7 days written (s.193) — max 1 every 3 months |
| Repairs/maintenance | 2 days written (NSW s.55) | 24 hours (VIC s.86) | 24 hours (QLD s.193) |
| Showing prospective buyers | 14 days at start, then 48 hours per visit (NSW s.53) | 24–48 hours (VIC s.86) | 24 hours, max twice/week (QLD s.193) |
Ending a tenancy — notices
| Reason | NSW | VIC | QLD |
|---|---|---|---|
| Tenant ending fixed term at expiry | 14 days (s.97) | 28 days (s.91ZZD) | 14 days (s.327, Form 13) |
| Tenant ending periodic tenancy | 21 days (s.96) | 28 days | 2 months (s.327) |
| Landlord ending — no grounds | Not permitted from 19 May 2025 (NSW s.84A) | Not permitted (s.91ZZ) | Not permitted (s.290 amendments) |
| Landlord — sale with vacant possession | 30 days (s.85) | 60 days (s.91ZZB) | 2 months (s.286) |
| Landlord — non-payment of rent | 14-day breach notice for rent arrears ≥ 14 days unpaid (s.88) | 14 days breach (s.91ZM) | 7 days breach (Form 11) (s.280) |
| Tenant — landlord breach (urgent) | 14 days, then NCAT (s.103) | 14 days, then VCAT (s.208) | 7 days (Form 11), then QCAT (s.281) |
The NSW no-grounds reform (effective 19 May 2025): landlords ending a tenancy must specify a prescribed reason — sale of property requiring vacant possession, owner / family moving in, significant repairs/renovation, change of use, end of fixed term where the landlord won’t enter another agreement at the same property. Background: https://www.fairtrading.nsw.gov.au/news-and-updates/news/new-residential-tenancy-laws.
Bond refund and disputes
- NSW: the tenant or landlord can claim a refund online via Rental Bonds Online; if disputed, NSW Fair Trading retains the bond until NCAT determines.
- VIC: RTBA refund initiated through RTBA Online Services; disputes go to VCAT.
- QLD: RTA Form 4 (Refund of rental bond) — the RTA cannot accept a refund request before the expiry of the relevant termination notice. Disputes go to QCAT after RTA conciliation. Form 4: https://www.rta.qld.gov.au/forms-resources/forms/forms-for-general-tenancies/refund-of-rental-bond-form-4.
9. Frequently Asked Questions
Q1. Why isn’t there one Australian residential lease form?
Residential tenancies are within the legislative power of each Australian state and territory. There is no federal residential-tenancies Act. Each jurisdiction legislates separately under the residual constitutional power. The result is eight different regimes — three of which (NSW, VIC, QLD) cover the majority of leases. The Acts are similar in shape but differ on bond cap, rent-increase notice, minimum standards, and termination grounds.
Q2. How much can I take as a bond?
In NSW, no more than 4 weeks rent, regardless of the weekly amount, under Residential Tenancies Act 2010 (NSW), s.159(1)(a). In Victoria, 1 month where rent is ≤ A$900/week (Residential Tenancies Act 1997 (Vic), s.31); above that, no statutory cap. In Queensland, 4 weeks where rent ≤ A$700/week (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.146); above A$700/week, no statutory cap.
Q3. Where do I lodge the bond?
Always with the state authority — never the landlord/agent’s private account. NSW Fair Trading via Rental Bonds Online (Residential Tenancies Act 2010 (NSW), s.158, s.159 — within 10 working days if paid to landlord). RTBA (Residential Tenancies Act 1997 (Vic), s.406 — within 10 business days). RTA (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.116 — within 10 days).
Q4. How often can rent be increased?
All three states cap increases at once per 12 months — Residential Tenancies Act 2010 (NSW), s.41 (since 31 October 2024); Residential Tenancies Act 1997 (Vic), s.44(2); Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.93(1A). Notice periods: 60 days NSW/VIC; 2 months QLD.
Q5. Can a NSW landlord just give me 90 days notice with no reason?
No, not from 19 May 2025. The Residential Tenancies Amendment Act 2024 (NSW) inserts s.84A and amendments requiring a prescribed reason (sale of property requiring vacant possession, owner / family moving in, significant repairs, change of use, end of fixed term where the landlord won’t enter another agreement at the same property). Victoria adopted the same approach in 2021 (Residential Tenancies Act 1997 (Vic), s.91ZZ) and Queensland in 2022 (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.290 amendments).
Q6. What are “minimum standards”?
Each state defines a list of physical conditions a rental property must meet before a renter moves in. NSW: 7 standards under Residential Tenancies Regulation 2019 (NSW), cl 16 + Sch 1. VIC: 14 categories under Residential Tenancies Regulations 2021 (Vic), Sch 4 (renting below standard is a criminal offence under Residential Tenancies Act 1997 (Vic), s.65A). QLD: minimum housing standards under Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld), Pt 1A — applicable to all tenancies from 1 September 2024.
Q7. What is a condition report?
A written record of the property’s condition at the start of the tenancy — the central evidence at end-of-tenancy in any bond-claim dispute. Required under: NSW s.29 + Sch 2 (landlord prepares; tenant returns within 7 days marking disagreements); VIC s.35 (rental provider gives 2 copies before possession); QLD s.65 (Form 1a). Photograph everything before signing it back.
Q8. How much notice must the landlord/rental provider give to enter?
Except in genuine emergencies: NSW (Residential Tenancies Act 2010 (NSW), s.55) — general inspection 7 days, repairs 2 days, sale viewings 14 days at start then 48 hours per visit, max 4 inspections/year. VIC (Residential Tenancies Act 1997 (Vic), s.86) — inspection 7 days, repairs 24 hours, sale 24–48 hours, max 1 inspection per 6 months. QLD (Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s.193) — inspection 7 days, repairs 24 hours, sale 24 hours max twice a week, max 1 inspection per 3 months.
Q9. What counts as an “urgent repair”?
Each state defines urgent repairs to include burst water service, gas leak, dangerous electrical fault, blocked or broken toilet, serious storm/fire damage, failure of hot-water service, failure of gas/electricity/water supply, and any fault that makes the property unsafe or insecure. NSW s.62 (tenant may arrange up to A$1,000 if the landlord fails to act); VIC s.72–s.73 (up to A$2,500); QLD s.214 (emergency repairs up to a statutory limit).
Q10. Where do disputes go?
To the state tribunal — NCAT (NSW), VCAT (VIC), QCAT (QLD). Queensland adds a mandatory RTA conciliation step before QCAT. Filing fees vary by tribunal; hardship waivers may be available.
10. Conclusion
Residential tenancies in Australia are entirely governed by state law, and an operator must select the correct state framework before drafting any agreement, taking any bond, or issuing any notice. The three covered jurisdictions — NSW, VIC and QLD — share a recognisable common shape (mandatory standard form, state-held bond, 12-month rent-increase cooling, prescribed-reason termination since 2021–2025) but differ materially on bond cap, notice periods, condition-report procedure, minimum standards (7 in NSW, 14 in VIC, the post-2024 standards in QLD), and the entry-notice schedule. The best protection a rental provider, lessor or renter has — at the start, during, and at the end of a tenancy — is to use the prescribed standard form (Schedule 1 NSW / Form 1 VIC / Form 18a QLD), to lodge the bond with the state authority within the statutory deadline, and to keep the condition report, photographs, rent receipts and entry-notice copies as a complete documentary trail. Operators outside NSW, VIC and QLD must consult the applicable Act for their state or territory and the regulator that administers it.
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Disclaimer
This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, attorneys, or migration agents. We do not provide certification, accreditation, or guarantees. Residential tenancies in Australia are state and territory matters — operators must verify the current state Act and regulator guidance before signing any agreement. Statutes referenced here are amended from time to time. Operators must confirm the current text on https://legislation.nsw.gov.au/, https://www.legislation.vic.gov.au/, https://www.legislation.qld.gov.au/ and the relevant regulator’s website (https://www.fairtrading.nsw.gov.au/, https://www.consumer.vic.gov.au/, https://www.rta.qld.gov.au/) before signing or lodging any document. This guide does not cover Western Australia, South Australia, Tasmania, the ACT, or the Northern Territory — operators in those jurisdictions must consult the applicable state/territory Act.
Sources
- Residential Tenancies Act 2010 (NSW): https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-042
- Residential Tenancies Regulation 2019 (NSW): https://legislation.nsw.gov.au/view/pdf/asmade/sl-2019-629
- NSW Fair Trading — Renting hub: https://www.fairtrading.nsw.gov.au/housing-and-property/renting
- NSW new residential tenancy laws (2024–2025 reforms): https://www.fairtrading.nsw.gov.au/housing-and-property/renting/new-residential-tenancy-laws
- NSW Notice of rent increase form: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0005/369977/Notice-of-rent-increase.pdf
- NSW Notice to terminate (landlord/agent) PDF: https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0011/972380/notice-to-terminate-tenancy-agreement-landlord-agent.pdf
- NSW Topic 7 — Rent increases and subletting (Fair Trading): https://fairtrading.nsw.gov.au/__data/assets/pdf_file/0017/374021/Topic_7_Rent_increases_and_subletting.pdf
- NSW Serving notice to tenants: https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/serving-notice-to-tenants
- Residential Tenancies Act 1997 (Vic): https://www.legislation.vic.gov.au/in-force/acts/residential-tenancies-act-1997
- VIC Renters Guide (CAV): https://cms9.consumer.vic.gov.au/library/publications/housing-and-accommodation/renting/renters-guide.pdf
- VIC Minimum standards (CAV): https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/minimum-standards/minimum-standards-for-rental-properties
- VIC New changes to the rental laws (CAV): https://www.consumer.vic.gov.au/housing/renting/new-changes-to-the-rental-laws
- VIC Rent increases (CAV): https://www.consumer.vic.gov.au/housing/renting/rent-bond-bills-and-condition-reports/rent/rent-increases
- VIC Bond information (CAV): https://consumer.vic.gov.au/housing/renting/rental-bond-information
- VIC Renting hub (CAV): https://www.consumer.vic.gov.au/housing/renting
- Residential Tenancies and Rooming Accommodation Act 2008 (Qld): https://www.legislation.qld.gov.au/view/html/inforce/current/act-2008-073
- QLD RTA Forms for general tenancies: https://www.rta.qld.gov.au/forms-resources/forms/forms-for-general-tenancies
- QLD RTA Bond lodgement (Form 2): https://www.rta.qld.gov.au/forms-resources/forms/forms-for-general-tenancies/bond-lodgement-form-2
- QLD RTA Refund of rental bond (Form 4): https://www.rta.qld.gov.au/forms-resources/forms/forms-for-general-tenancies/refund-of-rental-bond-form-4
- QLD RTA Online bond lodgement: https://www.rta.qld.gov.au/rta-web-services/online-bond-lodgement
- QLD RTA Rent: https://www.rta.qld.gov.au/rent
- QLD RTA Rental law changes (ongoing): https://www.rta.qld.gov.au/forms-resources/rental-law-changes/ongoing-rental-law-changes
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Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, attorneys, avocats, notaries, or licensed legal practitioners in any jurisdiction outside Japan. For binding legal advice, consult a qualified practitioner admitted in the relevant jurisdiction.
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