This article applies to organisations that offer residential premises for rent in NSW.

Residential Tenancies Amendment (Rental Fairness) Act 2023 (NSW)

The Residential Tenancies Amendment (Rental Fairness) Act 2023 (NSW) (the Amending Act) commenced on 3 August 2023, amending the Residential Tenancies Act 2010 (NSW) (the Act).

Prohibition on certain matters relating to advertising or soliciting amounts of rent

The Amending Act has inserted new section 22A into the Act, to provide that a landlord or their agent must not advertise or offer residential premises for rent unless a fixed amount of rent is stated in the advertisement or offer. This prohibition does not extend to signage on or near the residential premises, which is not required to state the amount of rent for the premises on the sign.

Importantly, it is an offence under the new section for a person to solicit or otherwise invite an offer of an amount of rent for premises that is higher than the advertised amount.

The maximum penalty for contravening section 22A for an individual is 50 penalty units (currently $5,500) or otherwise, 100 penalty units (currently $11,000).

Conclusion

Organisations that offer residential premises for rent in New South Wales should ensure they are aware of the new prohibition concerning the advertisement or offer for residential premises as summarised above.