Tenant Rights in Australia: Bonds, Repairs and Disputes

Tenancy law in Australia is state law — each state has its own Residential Tenancies Act with different detailed rules. But there are basic principles that apply in most places, and understanding these principles protects you no matter which state you are in.

The first piece of advice: find the website of the tenancy-protection authority in the state where you live — this is the most accurate source for your state’s rules.

Bond — a security deposit

A bond (or security deposit) is money you pay to the landlord or property manager at the start of your tenancy, held as security in case you do not pay your rent or you damage the property.

A key principle: In most states, the landlord must lodge the bond with an account managed by a state government body — not hold it in the landlord’s own account. This protects you: if there is a dispute at the end of the lease, the bond is refunded by an independent body once both parties agree or after a decision by a tribunal.

Ask for a bond receipt after you pay, stating the amount and the name of the body holding the bond. In some states, the body holding the bond will send you confirmation directly.

When the lease ends, if there is no dispute, the bond is refunded within a few weeks. If the landlord wants to keep part of it, they must prove their case and you have the right to dispute it.

Condition report — a record of the property’s state

When you collect the keys, the landlord or property manager must provide a condition report — describing the state of each room and each item in the property.

Your job:

1. Inspect the whole property thoroughly in the first few days
2. Note or mark every existing fault, stain or issue
3. Photograph every issue (with a timestamp)
4. Sign the condition report and return it within your state’s required timeframe

The condition report is the most important evidence when the lease ends. If a fault was recorded in the original condition report, you cannot be charged for it when you move out.

Repairs — who is responsible

The landlord is responsible for:

• The structure and the roof
• Utility appliances that come with the property (heater, air conditioner, stove, hot water system)
• Door locks and reasonable security
• Insects and termites (if not caused by the tenant)

Urgent repairs: Some faults must be fixed immediately — no heater in winter, no water, a gas leak, a security breach (a broken lock). The landlord must respond within a very short time. If they do not respond, in some states you have the right to arrange a repairer yourself and ask the landlord to reimburse you (check the process for your state).

Communicate in writing: When you request a repair, always send an email or written message — not just a verbal request. Record the date you sent the request and the landlord’s response (or lack of one). This is your evidence if there is a dispute.

Inspections

The landlord has the right to inspect the property but must give notice — most states require written notice of at least 24 hours, with limits on how often inspections can occur in a year. An inspection without notice breaches the tenant’s rights.

You have the right to refuse an inspection if the landlord does not follow the correct notice process.

Rent increases

The landlord can increase the rent but must follow the process: written notice within a set period and no more often than the state law allows. Some states also have rules on the maximum increase.

If you think the increase is too high, you can complain to your state authority.

Ending the lease

Both the tenant and the landlord must give notice before ending the lease (the notice period depends on the state and the type of lease). If you want to leave before a fixed-term lease ends, you may have to pay a break-lease fee.

When you move out: clean thoroughly, repair anything you damaged (not natural wear — “fair wear and tear”), and report the state of the property against the original condition report.

When there is a dispute

Each state has a body for resolving tenancy disputes — free or at very low cost:

• NSW: NSW Civil and Administrative Tribunal (NCAT)
• VIC: Victorian Civil and Administrative Tribunal (VCAT)
• QLD: Queensland Civil and Administrative Tribunal (QCAT)
• SA, WA, ACT, TAS, NT: equivalent bodies

Find the body for your state and read its guidance before you escalate a dispute.