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Glossary

Residential Tenancy (AU) glossary

Residential tenancy law in Australia is entirely state and territory-based — each jurisdiction has its own Residential Tenancies Act, tribunal, and bond scheme. Despite differences in detail, the core concepts are consistent. This glossary explains the terms practitioners need to advise landlords and tenants on their rights and obligations.

In short

This glossary covers 40 terms that property lawyers and tenancy advocates encounter when advising on residential tenancy disputes across Australia. Each definition references the relevant state legislation.

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40 terms

Definitions

Bond

A security deposit paid by the tenant at the start of the tenancy, held by a state bond authority and refundable at the end of the tenancy subject to any valid claim by the landlord.

Residential Tenancies Act 2010 (NSW) s 159; Residential Tenancies Act 1997 (VIC) s 31

Bond authority

The state body that holds rental bonds — NSW Fair Trading, RTBA in Victoria, RTA in Queensland — ensuring the bond is not controlled by the landlord.

Residential Tenancies Act 2010 (NSW) s 162

Bond claim

A claim by the landlord against the bond for unpaid rent, cleaning, or damage beyond fair wear and tear — disputed claims are resolved by the tribunal.

Breach notice

A written notice served on the tenant or landlord for a breach of the tenancy agreement — requiring the breach to be remedied within a specified period.

Residential Tenancies Act 2010 (NSW) s 87

Break fee

A fee payable by the tenant for ending a fixed-term tenancy early — regulated by statute in most jurisdictions as a proportion of remaining rent.

Residential Tenancies Act 2010 (NSW) s 107

Condition report

A written record of the property's condition at the start and end of the tenancy — critical evidence in bond disputes.

Residential Tenancies Act 2010 (NSW) s 35; Residential Tenancies Act 1997 (VIC) s 35

Domestic violence termination

The right of a tenant experiencing domestic violence to terminate the tenancy immediately or on reduced notice, without liability for break fees.

Residential Tenancies Act 2010 (NSW) s 105A

Early termination

Ending a tenancy before the fixed term expires — requires either mutual agreement, a break fee, or a tribunal order in hardship cases.

Excessive rent increase

A rent increase that is more than the market rate or unreasonable having regard to the property and market conditions — challengeable at the tribunal.

Residential Tenancies Act 2010 (NSW) s 44; Residential Tenancies Act 1997 (VIC) s 45

Fair wear and tear

Deterioration that occurs through normal use of the premises over time — the tenant is not liable for fair wear and tear at the end of the tenancy.

Fixed-term agreement

A residential tenancy agreement for a specified period — typically six or twelve months — with different termination rights than a periodic tenancy.

Hardship termination

A tribunal order ending a tenancy where continuation would cause undue hardship to the tenant — available even during a fixed term.

Residential Tenancies Act 2010 (NSW) s 103

Landlord (lessor)

The owner or head-tenant who grants the right of occupation under the tenancy agreement — owing statutory obligations for repairs, quiet enjoyment, and compliance.

Mediation

A voluntary or required dispute resolution process facilitated by the tribunal or tenancy body before a hearing — most jurisdictions encourage mediation before formal proceedings.

Residential Tenancies Act 2010 (NSW) s 186

Minimum housing standards

Prescribed standards a rental property must meet — including weatherproofing, plumbing, electricity, and structural soundness — enforceable from commencement of the tenancy.

Residential Tenancies Act 1997 (VIC) s 65A; Residential Tenancies Regulation 2019 (QLD) Sch 5A

NCAT

The NSW Civil and Administrative Tribunal — the forum for residential tenancy disputes in NSW, replacing the former Consumer, Trader and Tenancy Tribunal.

Civil and Administrative Tribunal Act 2013 (NSW)

No-grounds termination

The landlord's right to end a periodic tenancy without giving a reason — abolished or restricted in NSW (from 2025), Victoria, and other jurisdictions through recent reforms.

Residential Tenancies Amendment Act 2024 (NSW)

Non-urgent repairs

Repairs that do not involve a breakdown of essential services or a serious risk — the landlord must carry out within a reasonable time after notice from the tenant.

Residential Tenancies Act 2010 (NSW) s 65

Periodic tenancy

A tenancy that continues from period to period (usually week to week or month to month) after the fixed term expires or where no fixed term was set.

Possession order

A tribunal order granting the landlord possession of the premises — enforceable by a sheriff or bailiff if the tenant does not vacate.

Residential Tenancies Act 2010 (NSW) s 121

Quiet enjoyment

The tenant's right to use the premises without unreasonable interference from the landlord — including limits on entry and disturbance.

Residential Tenancies Act 2010 (NSW) s 50

Real estate agent

A licensed agent managing the property on behalf of the landlord — bound by the same obligations as the landlord under the tenancy legislation.

Rent

The amount payable by the tenant for occupation of the premises — must not be required more than two weeks in advance for periodic tenancies.

Residential Tenancies Act 2010 (NSW) s 36

Rent arrears

Unpaid rent owed by the tenant — the basis for a termination notice once the tenant is a prescribed number of days behind.

Residential Tenancies Act 2010 (NSW) s 87(2)

Rent increase

An increase in the amount of rent payable — permitted only once per year, with prescribed notice periods, and challengeable if excessive.

Residential Tenancies Act 2010 (NSW) s 41

Repairs order

A tribunal order requiring the landlord to carry out specified repairs within a set timeframe.

Residential Tenancies Act 2010 (NSW) s 187(3)

Retaliatory action

Action by a landlord motivated by the tenant's exercise of their rights — such as a rent increase or termination notice after a repair request. Prohibited by statute.

Residential Tenancies Act 2010 (NSW) s 115

Right of entry

The landlord's right to enter the premises for inspections, repairs, or showing — limited to prescribed grounds and notice periods.

Residential Tenancies Act 2010 (NSW) s 55

Rooming house

A premises providing accommodation to multiple residents in separate rooms — subject to specific residential tenancy protections in most states.

Residential Tenancies Act 1997 (VIC) Pt 3; Boarding Houses Act 2012 (NSW)

Sub-letting

The tenant granting a sub-tenancy to another person — usually requires the landlord's written consent, which cannot be unreasonably withheld.

Residential Tenancies Act 2010 (NSW) s 74

Tenant

The person who has the right to occupy the residential premises under the tenancy agreement — owing obligations for rent, care of the property, and compliance with by-laws.

Termination notice

A written notice from the landlord or tenant ending or proposing to end the tenancy — must comply with prescribed form, grounds, and notice periods.

Residential Tenancies Act 2010 (NSW) s 84–105

Termination order

A tribunal order terminating the tenancy agreement — specifying a date by which the tenant must vacate the premises.

Residential Tenancies Act 2010 (NSW) s 120

Tribunal

The state or territory tribunal with jurisdiction over residential tenancy disputes — NCAT (NSW), VCAT (VIC), QCAT (QLD), SACAT (SA), etc.

Urgent repairs

Repairs to essential services (water, electricity, gas, sewerage) or involving serious risk — the landlord must arrange within a prescribed timeframe, or the tenant may arrange and seek reimbursement.

Residential Tenancies Act 2010 (NSW) s 62

Utility charges

Charges for water, electricity, and gas usage — the tenant is responsible only where the premises are separately metered and the landlord meets prescribed conditions.

Residential Tenancies Act 2010 (NSW) s 39

VCAT

The Victorian Civil and Administrative Tribunal — the forum for residential tenancy disputes in Victoria.

Victorian Civil and Administrative Tribunal Act 1998 (VIC)

Warrant for possession

A court or tribunal warrant authorising a sheriff or bailiff to physically remove a tenant who has not complied with a possession order.

Residential Tenancies Act 2010 (NSW) s 122

Water efficiency

The requirement that fixtures meet prescribed water efficiency standards before the landlord can charge the tenant for water usage.

Residential Tenancies Act 2010 (NSW) s 39(2)

Written tenancy agreement

The formal document recording the terms of the residential tenancy — the landlord must provide a written agreement, though a tenancy can exist without one.

Residential Tenancies Act 2010 (NSW) s 14
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These definitions are general explanations for educational purposes — not legal advice. Residential tenancy law differs significantly between states and territories and is subject to frequent reform. Always verify against the current legislation in the relevant jurisdiction.

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