NSW Fair Trading has now moved from education to active enforcement, as it continues to monitor compliance with the residential tenancies legislation that commenced earlier this year.
We are already hearing from members who are reporting that they have received Penalty Infringement Notices (‘PINs’), including one agency that received 13 notices within days. So far, we are aware of NSW Fair Trading’s focus on the following two areas of the legislation:
1. Tenancy exclusion periods following prescribed terminations
NSW Fair Trading is requesting evidence that the correct tenancy exclusion period has been observed before re-letting a property. Members have notified us that they have received compliance emails requesting supporting documents (including residential tenancy agreements and termination notices), with only three business days to respond.
If a property must be re-let inside an exclusion period due to changed circumstances, you must lodge the Re-letting application Form - change of circumstances as required under Section 87 of the Residential Tenancies Act 2010 (NSW). NSW Fair Trading appears to be checking for both the form and the justification behind it.
2. Mandatory bond data reporting
We have been notified that members have received PINs from NSW Fair Trading for not providing the mandatory bond data under Section 23L of the Residential Tenancies Regulation 2019 (NSW).
This means that landlords and agents must complete mandatory bond reporting when claiming or releasing a rental bond through Rental Bonds Online.
This seems to be most prevalent when a tenant submits their own bond claim. Agents are still required to log into RBO to complete the bond survey within 14 days, but are failing to do this despite receiving RBO notifications and reminders (apparently via email and text), and despite the task appearing in the agent’s RBO task list until completed.
NSW Fair Trading appears to be cross-checking incomplete surveys in RBO.
What this means for you
These obligations are not new to agents, but NSW Fair Trading’s immediate escalation to PINs shows they are treating non-lodgement and incomplete evidence as issues that now attract penalties.
If you are concerned about meeting your agency’s compliance obligations or would like peace of mind, should NSW Fair Trading come knocking, you can register for an REI Compliance Check. If you do so before 1 December 2025, you will receive 20% off plus a free $499 cybersecurity assessment.
If you receive a NSW Fair Trading notice or have any concerns, please contact our Helpline on (02) 9264 2343, Monday to Friday, 8.30am to 5.00pm.
We’re here to help you stay compliant and avoid unnecessary penalties, so please reach out if you need support or clarification at any stage.