This paper looks at recent developments in residential tenancy law in NSW, provides an overview of Residential Tenancy Act, and describes the reforms outlined in the NSW Government’s September 2007 consultation paper, which contains 102 proposals for reforming residential tenancy laws in NSW. Some key proposals include:

• Tenants who have been issued with a notice to vacate for being in rent arrears would have the onus of applying to the Tribunal if they wish to contest the matter;

• Landlords could not unreasonably refuse consent for a tenant to make cosmetic improvements to the property or add fixtures at their own expense;

• Where a property is to be sold during the fixed term period of a tenancy, the tenant would be entitled to a rent reduction during the inspection period, and selling agents would be required to respond to problems raised by the tenant;

• Tenants would be entitled to be given at least 30 days notice if a mortgagee decides to obtain vacant possession after foreclosing on a mortgage;

• Tenants would be entitled to end a fixed term agreement by giving 21 days notice on certain grounds (eg if they accept an offer of public housing);

• The notice period for ‘no grounds’ evictions by a landlord after the expiry of the fixed term would be extended from 60 to 90 days although a landlord would be able to give 60 days notice on certain grounds (eg a need to move into the property);

• Co-tenants would be able to apply to the Tribunal for an order to terminate a fixed term or continual tenancy, or to remove one or more co-tenants from the premises;

• The regulation of tenancy databases would be strengthened.

• Landlords could request a bond ‘top-up’ payment with rent increases. [5.1]-[5.2]

This paper also surveys recent tenancy reforms in other states and territories.