Understanding Condition Report Violations in NSW

As a renter in New South Wales, understanding your rights concerning condition reports and inspections is crucial. These reports play a vital role in defining the condition of a rental property at the start and end of your tenancy. When landlords do not adhere to these regulations, it can have significant implications for your security deposit and repair responsibilities.

What Are Condition Reports?

Condition reports are documents that capture the state of a rental property at the beginning and end of a tenancy. In New South Wales, landlords are legally required to provide a condition report before or at the time of entering a new lease.

• Initial Condition Report: This document outlines the property's condition before you move in. It serves as a reference to identify any pre-existing damages and ensures both parties agree on the property's state.
• Final Condition Report: Conducted at the end of the tenancy, this report should be compared with the initial report to assess any potential damages or maintenance issues.

Legal Obligations Under the Residential Tenancies Act 2010

The Residential Tenancies Act 2010 in New South Wales outlines the requirements for condition reports. It is important for landlords to comply with these regulations, as it safeguards your rights and security bond.¹

Violations and Breaches by Landlords

If your landlord fails to provide a condition report or attempts to circumvent the process, it may constitute a violation. Here are some actions that could indicate a breach:

• Not providing a condition report at the start of the tenancy.
• Refusing to carry out the final inspection with you.
• Altering the condition report without your consent.

Steps to Take if Your Landlord Violates the Law

If you suspect your landlord is not following the proper procedures regarding condition reports and inspections, here are some steps you can take:

1. Document Everything: Keep detailed records of all communications and copies of documents.
2. Contact NSW Fair Trading: Reach out to NSW Fair Trading for guidance and to report any breaches.
3. Apply to the NSW Civil and Administrative Tribunal (NCAT): If the issue escalates, you may file a tenancy dispute application with NCAT for resolution.²

Common Questions About Condition Reports

1. What happens if the condition report is inaccurate? You should immediately notify your landlord and document the discrepancies.
2. Can a landlord make deductions from my bond without a final condition report? Without a final inspection, it is harder for a landlord to justify deductions from your bond. Always ensure an inspection is done.
3. How soon must the condition report be completed? A condition report should be completed and signed by both parties as soon as possible after moving in.

Need Help? Resources for Renters

If you have concerns about condition reports or other tenancy issues, contact the following resources:

• NSW Fair Trading
• Tenants' Union of NSW
• NSW Civil and Administrative Tribunal (NCAT) - See their page on Residential Tenancies

---

¹ Residential Tenancies Act 2010

² NSW Civil and Administrative Tribunal

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid