NSW Required Landlord Disclosures: What You Must Reveal

Before entering into a residential tenancy agreement, New South Wales (NSW) landlords and property agents are legally bound to act with transparency. The state mandates strict disclosure of "material facts." Failing to disclose these facts gives the tenant the right to terminate the agreement without penalty.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Disclosure rules are stringent and frequently updated. Information last verified: March 2026.

Misleading Statements Prohibited

It is an offense under the Residential Tenancies Act 2010 to induce a tenant into signing an agreement through false, misleading, or deceptive statements, or by deliberately concealing a "material fact."

Mandatory "Material Fact" Disclosures

Before a tenant signs the tenancy agreement, the landlord or their agent must disclose if the property:

1. Is Slated for Sale: A contract for sale of the property has been prepared.
2. Mortgagee Action: The property is subject to court action by a mortgagee (e.g., bank) seeking to take possession.
3. Strata Committees: The property is part of a strata scheme where a strata renewal committee is currently active.
4. Natural Disasters: The property has been significantly affected by flooding or a bushfire within the preceding 5 years.
5. Major Health/Safety Risks: The property presents serious health or safety risks that are not immediately apparent upon visual inspection (e.g., severe structural defects, hidden asbestos risks).
6. Zoning Restrictions: The property is affected by zoning or laws that would prevent the tenant from obtaining a residential parking permit.
7. Different Waste Services: The local council waste services available to the property differ from those generally available in the local council area.
8. Shared Legal Access: The property possesses a driveway or walkway that other individuals have a legally authorized right to share.

Enhanced Disclosures (Added Post-2020)

Further regulations require disclosure if: 9. Illegal Drug Use: It has been used for the manufacture or cultivation of prohibited drugs in the previous 2 years. 10. Major Strata Repairs: It is in a strata scheme where significant rectification or major common property repairs have been scheduled to occur during the tenancy. 11. Combustible Cladding: The building is subject to a fire safety order or building product rectification order related to external combustible cladding.

Strata By-Laws requirement

If the rental property is a townhouse or apartment located within a Strata Scheme, the landlord must provide the tenant with a complete, up-to-date copy of the strata by-laws before the tenant signs the tenancy agreement. The tenant must agree to abide by these by-laws as a condition of the lease.

Tenant Remedies for Non-Disclosure

If a landlord fails to disclose a known material fact, or provides false information, the tenant has the right to legally terminate the tenancy. They can do this by serving a termination notice with a minimum of 14 days' notice. The tenant will not be responsible for any break-lease fees or lost rent typically associated with abandoning a fixed-term lease.

Track Disclosure Acknowledgements

Proving that disclosures were made proactively protects your investment. With Landager, you can attach disclosure checklists and strata by-laws directly to the digital lease-signing flow, ensuring absolute, time-stamped compliance before the tenant ever receives the keys.

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