Disclosures of Every Tenant Needs Before Signing a Lease Agreement in New South Wales



Here's what tenants must be told:

Property Sale Plans: Landlords or agents must inform tenants if the property is planned to be sold. This disclosure helps tenants understand the potential instability of their tenancy.

2. Court Actions: If the property is subject to court action, particularly where the mortgagee is attempting to take possession, tenants must be notified. This ensures tenants are aware of any ongoing legal issues that may impact their tenancy.

3. Strata Scheme: For properties in a strata scheme, tenants should know if a strata renewal committee is currently established. This information can provide insight into potential changes or disruptions to the property's management.

However, it's not just about what tenants must be told; it's also about what landlords or agents must not do. They should never persuade or influence potential tenants by using false or misleading representations or statements, or by concealing important facts about the property. Tenants should be aware of the following:

1. Previous Natural Disasters: Landlords must disclose if the property has been affected by flooding from a natural weather event or bushfire in the last five years. This ensures tenants are informed about potential risks.

2. Health and Safety Risks: If the property has significant health or safety risks that wouldn't be obvious to the tenant, this information must be shared. Tenants deserve to know about any potential hazards.

3. Violent Crimes: If the property has been the scene of a serious violent crime, such as murder or aggravated assault, in the last five years, tenants should be informed.

4. Asbestos: Properties listed on the loose-fill asbestos insulation register must be disclosed. Asbestos exposure can have serious health implications, and tenants have the right to know.

5. Drug-Related Activities: If the property has been used to manufacture or cultivate a prohibited drug or prohibited plant in the last two years, tenants should be aware of this fact.

6. Fire Safety and Building Issues: Properties within buildings subject to fire safety or building product rectification orders or applications for rectification of external combustible cladding should be disclosed to tenants.

7. Scheduled Repairs in Strata Schemes: If the property is part of a strata scheme where scheduled rectification work or major repairs will occur during the fixed term of the agreement, tenants should be informed.

8. Parking Permit Restrictions: Properties affected by zoning or laws that prevent tenants from obtaining a parking permit, with only paid parking available in the area, should be disclosed.

9. Unique Council Waste Services: If the property receives different council waste services compared to other properties in the council area, tenants should be aware of the differences.

10. Shared Driveways and Walkways: Properties with shared driveways or walkways that others can legally use must be disclosed to tenants.

Tenants have the right to make an informed decision when entering into a tenancy agreement, and landlords or agents must provide this information. If these rules are not followed, tenants can give a termination notice or seek assistance from the NSW Civil and Administrative Tribunal to address any issues.

Knowledge is power, and in the world of renting, tenants need to be armed with the information they need to make the best choices for their future homes.