Landlord Frequently Asked Questions

The Landlord Information Statement is a prescribed document issued by NSW Fair Trading.

It clearly outlines a landlord's responsibilities, including:

• Mandatory disclosures that must be made to tenants
• Confirmation that the property is fit for habitation
• Key obligations under the Residential Tenancies Act

As part of compliance, you are required to acknowledge Landlord Information Statement before your Portfolio Manager can sign a Residential Tenancy Agreement on your behalf. This ensures all legal obligations are met prior to a tenancy commencing.

Under NSW legislation, landlords must disclose certain information to tenants before a tenancy agreement is signed. This ensures tenants are fully informed and protects landlords from later disputes.

The required disclosures include:

Property History & Safety

• If the premises have been subject to flooding or bushfire within the past 5 years
• If the premises are subject to significant health or safety risks not obvious on inspection
• If the premises are listed on the Loose-fill Asbestos Insulation Register
• If the premises have been the scene of a serious violent crime within the past 5 years
• If the premises have been used for the manufacture or cultivation of prohibited drugs/plants in the past 2 years

Council & Local Area Requirements

• If council waste services are provided differently to the standard service in the area
• If the tenant will not be eligible for a residential parking permit because of zoning or other laws

Shared or Strata Property

• The existence of a shared driveway, walkway, or access rights
• If the property is in a strata scheme, disclosure must include: Any scheduled rectification work or major repairs to common property during the tenancy and if a strata renewal committee is currently in place

Building & Utilities

• If the property is connected to an embedded network (gas, electricity, or internet)
• If the building is subject to fire safety or building product rectification orders relating to external combustible cladding, or if an application has been lodged for rectification

If there are any changes to the information disclosed at the start of a tenancy, the landlord must advise the managing agent in writing as soon as possible.

Under legislation, landlords are required to:

• Notify the tenant in writing within 14 days of becoming aware of any new or changed significant health or safety risks at the property
• Ensure the disclosure remains accurate throughout the tenancy

We manage this process on your behalf once you notify us, so that tenants receive the correct information within the required timeframe and compliance obligations are met.

It is a legislative requirement that your property meets the following minimum standards before a tenancy can commence and throughout the tenancy:

General Standards

• The property must be clean and fit to live in
• The premises must be structurally sound
• Adequate natural or artificial lighting in each room (except storage rooms or garages)
• Adequate ventilation throughout the property
• Adequate plumbing and drainage
• Connection to a reliable water supply (such as mains, bore, or tank) with both hot and cold water available

Electrical & Gas Standards

• Sufficient electrical outlets to allow for lighting, heating, and normal appliance use
• Where gas is connected, adequate outlets and fittings for heating and appliances

Bathroom & Sanitation

• The property must contain bathroom facilities including a toilet and washing facilities that provide privacy for the user

Structural Soundness Requirements

The premises are considered structurally sound only if the following are in a reasonable state of repair:

• Floors, ceilings, walls, support structures (including foundations), doors, windows, roof, stairs, balconies, balustrades, and railings
• Floors, ceilings, walls, and structural supports are not subject to significant dampness
• Roof, ceilings, and windows do not allow water penetration into the premises
• Structural elements are not at risk of collapse due to rot or defect

We strongly recommend that all landlords engage a licensed pest control service to carry out regular termite inspections at the frequency they recommend.

• Termite damage is generally not covered by building insurance policies, as it is considered an exclusion.
• Regular inspections are the best way to prevent termite damage or, at minimum, identify early warning signs before significant damage occurs.
• Please note: we do not arrange pest inspections on your behalf unless you provide specific written instructions for us to do so each time it is required.

Taking a proactive approach helps protect the long-term value of your investment and reduces the risk of costly repairs.

Under NSW legislation, all building types must have smoke alarms installed. These alarms are essential for tenant safety and are a legal requirement for landlords.

As a landlord, you have strict legal obligations under the Environmental Planning and Assessment Act 1979, the Residential Tenancies Act 2010, and the Residential Tenancies Regulation 2019 to ensure smoke alarms are compliant and maintained.

Installation & Standards

• Smoke alarms must be installed in accordance with Australian Standard AS 3786.
• Alarms must comply with placement requirements (near bedrooms and in evacuation paths).

Annual Testing & Maintenance

• Hard-wired smoke alarms: testing must be carried out annually by an authorised electrician.
• Battery-operated smoke alarms: must also be tested annually to confirm they are functioning.
• All removable or back-up batteries must be installed or replaced every year.
• A compliance report must be provided to your managing agent each year.

Repairs & Replacements

• If a smoke alarm is not working, it must be repaired or replaced within 2 business days.
• Only an authorised electrician can repair or replace a hard-wired smoke alarm.
• All smoke alarms must be replaced at least every 10 years (expiry date).

Tenant Reimbursements

• If a tenant arranges repairs or replacement, the landlord must reimburse the cost within 7 days, once the required documents are received.

If your investment property has a swimming pool or spa, you must comply with the Swimming Pools Act 1992.

Landlord Obligations

• Most pools must be surrounded by a compliant safety fence that separates the pool from the house and meets all legislative requirements.
• A valid Swimming Pool Compliance Certificate (or Occupation Certificate issued within the last 3 years) must be in place.
• A copy of the Pool Compliance Certificate must be provided to the tenant each time a new Residential Tenancy Agreement is signed.

This is a legal requirement and ensures tenant safety as well as landlord compliance.

As a landlord, you can only pass on water usage charges to tenants if the property meets the following minimum standards:

We strongly recommend obtaining a compliance certificate as evidence that your property meets the water efficiency standards. This protects you in the event of a tenant dispute and ensures full legislative compliance.

Landlords must provide and maintain locks and security devices to ensure that the premises are reasonably secure.

Changing or Adding Locks/Security Devices

• Locks or security devices may be changed or added during the tenancy if both landlord and tenant consent, or if there is a reasonable excuse.

Reasonable Excuses (No Consent Required)

• A lock or security device may be changed, removed, or added without consent in the following situations:
• In an emergency
• To comply with an order of the NSW Civil and Administrative Tribunal (NCAT)
• Where a co-tenant's tenancy has been lawfully terminated
• Where a tenant or occupant is prohibited from accessing the property due to an Apprehended Violence Order (AVO) (interim, provisional, or final)

Under NSW law, all residential strata buildings must be fitted with compliant window safety devices to reduce the risk of falls.

Your obligations as a landlord

• If any required locks or devices are missing, damaged, or non-compliant, you may be responsible for having them installed or replaced (refer to Strata by-laws)
• Compliance is critical to meet safety standards and to avoid liability risks.

Window Safety Device Standards

• Windows must be fitted with devices that limit the maximum opening to less than 12.5cm.
• Devices must withstand a force of 250 newtons (equivalent to 25 kilograms of force).
• If the device can be unlocked or disengaged, it must be fitted with a child-resistant mechanism.

Once we have a signed Agency Agreement authorising us to act on your behalf, we arrange all the key marketing components needed to showcase your property in the best light and attract quality tenants:

• Professional Photography – High-quality images to highlight your property's features.
• Virtual Tour – An interactive walk-through allowing prospective tenants to view the property online at any time.
• Floor Plan – Clear layouts to help tenants understand the property's size and flow.
• Signboard – A professional signboard displayed at the property to capture interest from local renters.

We will market your property across multiple platforms to attract the highest number of qualified tenants.

• Internet Advertising - your property will be listed on leading real estate websites to maximise exposure: www.c21sutherlandshire.com.au, realestate.com.au, domain.com.au, century21.com.au plus, additional independent websites e.g. All homes, Homely, rent.com etc.
• Tenant Database - we proactively contact suitable tenants from our internal database whose search criteria match your property.
• Rental Listing Brochure – in house property brochure that is distributed at inspections, in-office to prospective tenants, and on request.

We ask that your property be presented in the best possible condition to attract quality tenants. First impressions matter - presentation can directly influence how quickly the property rents and the calibre of tenant it attracts.

For tips, please see our guide "Getting Your Property Ready for Tenancy", which includes a checklist to help you prepare.

We always ask that the prospective tenant fill in an application form through Trading Reference Australia giving us permission to check the information provided.

With the information provided we confirm the applicants' payment and tenancy history by calling their current and/or previous landlord/agent as well as confirming their employment. We then check them against a Tenancy Database to check if they have been listed as a defaulting tenant.

In some cases where an applicant may not have a tenancy history we try and confirm other information that may give us insight to show their ability to maintain a tenancy in your rental property, for example a stable employment history.

Legally we do not have to give a reason and by industry practice we never give a reason.

You do! We will simply give you the information we have collected and by using our experience we give you our recommendation, but ultimately it is always your choice.

We can never guarantee any tenant for your property. We can only collect information on their past history and confirm their income arrangements. We cannot guarantee any tenancy outcome.

Any pet request cannot be unreasonable refused. We always sign a tenancy agreement with a pet clause included in it once we have gained your approval. This protects you in the following ways:

1. No pet or additional pet may occupy the property without your prior permission.
2. The pet must be removed from the property if it becomes disruptive or bothersome to neighbours (after reasonable warning has been given in writing)
3. The tenant must be responsible for any damage caused by their pet
4. The tenant must have the carpets professionally cleaned and property fumigated upon vacating the property (if the animal is a mammal and lives indoors)

For more information, please refer to the NSW Fair Trading webpage "Keeping a pet in a rental property"

Unfortunately, we are legally not allowed to take a pet bond.

Bond is set by law at a maximum of four weeks rent.

At the start of every tenancy, we conduct a comprehensive ingoing inspection of your property to establish an accurate record of its condition.

What the Inspection Covers

• Each area of the property is inspected individually (lounge room, bedrooms, kitchen, bathrooms, front and rear yards, garage, etc.).
• For each area, we check all fixtures and fittings (walls, ceilings, floors, windows, light fittings, curtains, appliances, etc.).
• We record the condition and cleanliness item by item, noting any marks, scratches, dents, or wear.

Photographic Record

• To support the written report, we also take 360° photographs of the entire property.
• This creates a clear, detailed benchmark of the property's condition at the start of the tenancy.

This process protects both you and the tenant and provides a reliable point of reference for future inspections and the end of the tenancy.

Yes. If your property is part of a Strata complex, you are legally required to provide the tenants with a copy of the Strata by-laws for the scheme. We ensure the by-laws are included in the Residential Tenancy Agreement so that there is a clear record they have been provided and agreed to at the commencement of the tenancy. This helps protect you as the landlord and ensures tenants understand and comply with the rules of the building.

Yes. Under NSW legislation, a landlord's contact details must be shown on the front page of the Residential Tenancy Agreement.

• If the property is owned by an individual: the landlord's name must be included along with either a contact phone number or email address.
• If the property is owned by a corporation: the corporation name and a business address must be listed under the landlord's details.

Tenants sign a Residential Tenancy Agreement, which sets out the full details of the tenancy including the terms and conditions of renting your property.

Once signed, you as the landlord will receive a copy of the Residential Tenancy Agreement for your records

At the start of every tenancy, we provide the tenant with a welcome pack which explains the key expectations and responsibilities to ensure a smooth tenancy for both the landlord and the tenant.

This includes:

• Rent payments – how rent is to be paid, due dates, and what happens if rent is late.
• Repairs & maintenance – how to report issues, expected response times, and our procedure for handling them.
• Emergency repairs – what qualifies as an emergency, and what steps to take if one occurs.
• Routine inspections – how often they occur, what we check for, and how much notice is given.
• Smoke alarm compliance – confirmation of testing, legal requirements, and tenant responsibilities.
• Water usage – whether usage is payable under legislation and the timeframe for payments.
• Property-specific details – anything unique about the property they need to be aware of (e.g., strata by-laws, waste collection, appliances).

This upfront communication helps set clear expectations, reduces misunderstandings, and ensures tenants are aware of their obligations right from the start.

Tenants are given keys and possession of the property only after all requirements are completed, including:

• The Residential Tenancy Agreement has been explained and signed
• The Rental Bond has been paid in full
• The first rent payment has been received

Once these steps are finalised, we provide the tenants with a full set of keys and formal possession of the property.

We carry out routine inspections to ensure your property is being well cared for and to identify any maintenance needs.

Timing of Inspections

• The first inspection is conducted approximately 3 months after a new tenancy begins.
• After that, inspections are carried out every 6 months unless otherwise agreed.

What the Inspection Involves

• The inspection is a walk-through check of each room to ensure the property is being kept reasonably clean and free from damage.
• We note the condition of the property, record any concerns, and identify repairs or maintenance required.

Reporting to Landlords

• You will receive a copy of the inspection report within 48 hours of the inspection being completed.
• If any urgent or emergency items are identified, we will contact you immediately.

Tenants are responsible for maintaining the lawns and gardens to the standard they were in at the start of the tenancy, unless otherwise agreed in writing.

This includes basic gardening such as mowing lawns, trimming edges, and light weeding.

For larger tasks such as pruning, fertilising, or seasonal upkeep, we recommend engaging a gardener quarterly. We can arrange this on your behalf if required.

Watering Systems

If the property is provided with a watering system, it must be in working order at the start of the tenancy. The tenant is responsible for ensuring it is kept maintained and used appropriately during the tenancy.

Under NSW legislation, the landlord is responsible for ensuring the property is maintained in a reasonable state of repair and for completing any required repairs.

• All repairs are carried out at the landlord's expense.
• This obligation applies regardless of whether the landlord knew about the issue prior to the tenant reporting it.
• Landlords must act within a reasonable timeframe for general repairs and within 24–48 hours for urgent or emergency repairs.

If a tenant causes damage to the property that goes beyond normal wear and tear or natural breakdown, the tenant is responsible for the cost of repair or replacement.

• We rely on reports from qualified tradespeople, who can confirm whether the issue is the result of ordinary use or has been caused or influenced by tenant actions.
• Where it is confirmed that the tenant is at fault, the costs are charged back to the tenant.

This process ensures fairness and protects landlords from bearing the expense of tenant-related damage.

Approximately 3 months before the lease expires, we will contact you to seek your instructions on whether you wish to renew or not renew the lease. Once we have your approval, we will then approach the tenant to arrange the renewal.

If you choose not to renew

• You are not obligated to provide a reason for choosing not to renew the fixed-term lease.
• If no new agreement is signed, the tenancy will automatically roll into a continuing (periodic) agreement, with the same terms and conditions as the original lease.

Approximately 3 months before the lease expires, we will conduct a review of current market conditions. We will then contact you with clear advice based on market data to help you decide whether a rent adjustment is appropriate.

You may also choose to postpone the review and revisit it at a later stage if preferred. This process ensures you stay informed about market trends while maintaining flexibility around your investment decisions.

Legislative Requirements

• Rent can only be increased once every 12 months, provided the correct notice is given in accordance with legislation.
• Any proposed increase must be reasonable and in line with current market conditions.

If the breach is minor, it may be appropriate to approach the tenant verbally or in writing to resolve the issue quickly.

If the breach is more serious, we will consult with you first to discuss the best course of action.

Depending on the situation, we may recommend:

• Serving a Termination Notice on the tenant, or
• Taking alternative steps to have the breach rectified without ending the tenancy.

Tenants can be charged for water usage provided the property meets the following criteria:

• The rental premises must be individually metered.
• Charges must not exceed the amount billed for water usage by the water supplier.
• The premises must meet required water efficiency standards.

How long does the tenant have to pay for water usage?

When water charges are due, tenants are issued an invoice for water usage along with a copy of the water usage bill.

Once issued, the tenant has 21 days to pay the amount owing.

Landlords or agents must issue the invoice within 3 months of receiving the water bill.

Landlords must use a specific ground to end a tenancy. This requirement applies to all tenancies.

A tenancy may only be ended on one of the following grounds:

• Actual sale of the property
• Proposed sale of the property
• Significant renovations or repairs to the property
• Demolition of the property
• Change of use of the property
• The landlord or a family member is moving into the property
• The tenant is no longer eligible for: Student accommodation or Affordable housing scheme or Transitional housing program
• The property is required for key worker housing
• Landlord hardship
• Employee or caretaker tenancy ending
• Breach of agreement by the tenant
• Non-payment of rent, water usage, or other charges
• Termination of a long-term tenancy (with extended notice periods applying)

Important: Correct notice periods, supporting documents and exclusion periods may apply for each ground. Serving notice without a valid ground may result in the termination being invalid.

For more information, please go to the NSW Fair Trading webpage "Landlord ending a tenancy"

Yes. Selling your property is part of the comprehensive service we provide.

It is always preferred that you sell through us because:

• It is much easier to coordinate access with tenants when both the sales and property management are handled by the same agency.
• Our sales and leasing departments work closely together, ensuring smoother communication and minimal disruption.
• Tenants are often more comfortable dealing with a company they are already familiar with, which helps maintain cooperation during the sales process.

The notice required depends on the type of agreement in place:

Fixed-term agreement (still within the fixed term):

• The tenant may give notice at any time during the fixed term, but the notice cannot take effect until the end of the term.
• The tenant must provide at least 14 days' written notice.

After the fixed term has expired (continuing agreement):

• The tenant must provide at least 21 days' written notice to vacate.

If a tenant chooses to end their lease early, they may do so with little to no notice. However, they are required by law to pay a break lease fee, calculated as follows:

• 4 weeks' rent if less than 25% of the fixed term has expired
• 3 weeks' rent if 25% or more but less than 50% of the fixed term has expired
• 2 weeks' rent if 50% or more but less than 75% of the fixed term has expired
• 1 week's rent if 75% or more of the fixed term has expired

Unfortunately, we have no control over the tenant breaking their lease early. Tenant's circumstances change and sometimes they move out earlier than expected.

When a tenant notifies us of their intention to vacate, we provide them with detailed instructions outlining how the property must be presented at the end of their tenancy.

Final Inspection Process

• Once the tenant has fully vacated, we complete a thorough final inspection.
• The property is compared against the ingoing inspection report and photographs taken at the start of the tenancy.
• We carefully review the property item by item, ensuring it has been left in the same condition, taking into account fair wear and tear as required under legislation.
• We check that the property has been left in a reasonably clean condition.

Compliance Requirements

• Smoke alarms: If your property has battery-operated smoke alarms, legislation requires that the landlord replaces the batteries at the start of each new tenancy. To reduce ongoing obligations, we recommend installing hard-wired smoke alarms with a 10-year life span battery.
• Water usage: Where applicable, we also check and record the water meter reading.

This process ensures the property is properly assessed, compliant, and ready for its next tenancy.

General wear and tear is the natural deterioration that occurs as tenants live in a property. Legislation recognises this as part of renting and provides that it must be allowed.'

Examples of fair wear and tear include:

• Minor marks or scuffs on walls
• Small chips or scratches on doors and doorways
• Gradual fading of carpets, paint, or fittings
• Normal wear on appliances over time

A tenant may only be held responsible where the wear and tear is excessive for the length of time they have occupied the property. This generally applies when there has been damage, neglect, or misuse, rather than ordinary day-to-day living.

Examples of Tenant Responsibility

• Damage that goes beyond normal breakdown or fair wear and tear
• Misuse or neglect of fixtures, fittings, or appliances
• Damage caused intentionally or through carelessness

How responsibility is determined

• In most cases, a qualified tradesperson will confirm whether an issue is due to normal wear and tear, or whether it was caused or influenced by tenant actions.
• If a tenant is found to be responsible, the cost of repair or replacement will be charged to them.

Bond monies are only refunded once all tenancy obligations have been finalised. This includes:

• The tenant has fully vacated the property and returned all keys.
• A final inspection has been completed and the property is satisfactory when compared with the ingoing condition report (allowing for fair wear and tear).
• All monies owing have been paid, including rent, water usage, or other outstanding charges.
• If the tenant has broken their lease, any re-letting fees and advertising costs (part or full) have been settled.
• We have received confirmation from you (the landlord) that the bond can be refunded.

Only once all of the above have been met will the bond refund process be finalised with the NSW Rental Bond Board.

Our preferred method of collecting rent is via Direct Debit, as it provides a secure, reliable, and automated payment system.

We can also accept rent payments through PayID.

This flexibility ensures tenants can choose a method that works best for them while maintaining consistency and reliability in rent collection for landlords.

It's important to note that paying rent is always a voluntary action by the tenant. Neither the landlord nor the agent can physically force a tenant to pay rent. Even the Tribunal can only issue an order requiring payment, but it cannot enforce the payment directly.

Our Arrears Management Process

If a tenant falls behind in rent, we follow a clear and consistent process:

1. Initial reminders – SMS, email, and/or letter notifications are sent to the tenant.
2. Phone reminders – We follow up with reminder calls.
3. Further follow-up – Ongoing calls, emails, and letters continue until resolved.
4. Termination Notice – If arrears persist, we serve a Termination Notice. This obligates the tenant to pay all monies owed within 14 days.
5. Tribunal application – At the same time, we lodge an application seeking vacant possession of the property and recovery of rent arrears through the relevant tribunal.

Bond & Insurance

• The rental bond (equivalent to four weeks' rent) may not cover the full shortfall in rent arrears.
• With landlord insurance, there is a reasonable prospect of recovering unpaid rent and other associated costs.
• Without landlord insurance, recovery is difficult, and landlords often face a financial shortfall once the bond is exhausted.

All rent collected on your behalf will be deposited directly into your nominated bank account.

• By default, payments are made on a monthly basis.
• If you prefer, you can request for payments to be deposited bi-monthly instead.

This ensures you receive your rental income regularly, with flexibility to suit your cash flow needs.

• Your monthly statement will be emailed to you each month, outlining rent received, expenses paid, and the balance disbursed to you.
• An end of financial year statement will be emailed to you early July each year (the month immediately following the end of the financial year).

This provides you with clear, accurate records for your investment property and makes preparing your tax return simple.