The decision you are actually making
Signing a tenancy agreement commits you to a property, a rent and a set of obligations you cannot easily walk away from. The useful question to ask before inspection day is not "do I like this place" but "what is this landlord or agent legally required to tell me, and have they told me?"
Disclosure rules exist precisely because a tenant cannot inspect their way to the truth about a property. You can see a fresh coat of paint; you cannot see a planned sale, a known defect or a registration on a government register. This guide focuses on the disclosures that change a rental decision, how to check them yourself, and what to do when something turns out to have been hidden.
Start with the official list, not the listing
NSW Fair Trading publishes a page setting out what a tenant needs to be told about a rental property — that is, what a landlord or agent must tell a tenant about a property before a tenancy agreement (lease) is signed. That page, linked below, is the authoritative list for NSW and it is the first thing you should open before you apply for anything.
The principle behind it is straightforward: landlords and property agents must tell tenants key information about the property. The specifics that the source material names, and that most directly affect a renting decision, are covered below. Because disclosure rules are updated, treat any summary — including this one — as a starting point and confirm the current wording on the NSW Fair Trading page.
Material facts and misleading representations
The most important rule is also the broadest. A landlord or agent must not persuade or influence a potential tenant to sign an agreement by making false or misleading representations or statements, or by knowingly hiding "material facts" about the property.
Practically, that means two separate failures are prohibited:
- Saying something untrue or misleading to get you to sign.
- Staying silent about a material fact — something a reasonable tenant would want to know before committing.
"Material" is doing the heavy lifting in that sentence, and it is decided case by case rather than by a fixed checklist. If you are unsure whether something is material, ask the question in writing anyway. A written question and a written answer are far easier to rely on later than a conversation at an open home.
Loose-fill asbestos insulation
The source material specifically flags the loose-fill asbestos insulation register as a disclosure item. This is not a matter you can assess visually, which is exactly why it sits in the disclosure rules rather than in your inspection notes.
Action: ask the agent or landlord directly whether the property is affected, and check the register yourself rather than relying on the answer alone. If a property appears on that register, that is a decision-changing fact, not a footnote.
Two protections that disclosure supports
The same NSW guidance covers two issues that renters frequently misunderstand, and both are worth confirming before you sign:
- Rent increases during a fixed term. Generally, if you have a fixed-term agreement, your rent must not increase before the end date. Ask what the agreement says about rent changes and when the fixed term ends.
- Eviction. A landlord or agent must follow a lawful process before they can evict a tenant. Wanting you out is not the same as having followed that process.
If you are comparing two properties and one agent is vague about either of these, that vagueness is itself information.
Questions to put in writing before you sign
Use this as a prompt list at inspection or in an email. It is not a substitute for the official list, and it does not create legal rights by itself — it exists so that the answers exist in writing.
| Ask about | Why it affects your decision | How to check independently |
|---|---|---|
| Known defects or problems with the property | A material fact you cannot see at inspection | Ask in writing; compare with your own photos and notes |
| Loose-fill asbestos insulation | Health and habitability; not visible | Check the loose-fill asbestos insulation register |
| Anything that would make you reconsider signing | That is the test for materiality | Ask directly; keep the reply |
| Rent during a fixed term | Generally cannot increase before the end date | Read the agreement before signing |
| Process for ending the tenancy | A lawful process is required | NSW Fair Trading guidance |
Check the listing and the person, not just the property
Not every rental problem is a disclosure problem. The ABC's reporting on lease agreement red flags points to checks that cost you minutes and catch a large share of rental scams:
- Verify who you are dealing with. If possible, verify the identity of the person you are dealing with before you hand over documents or money.
- Reverse-search the photos. Do an internet search with images from the ad, using Google Images or TinEye, to check they have not been copied from another site. Photos lifted from a real listing elsewhere are a common pattern.
- Prefer a registered agent. When you can, try to deal with a registered agent rather than searching on Facebook, Flatmate Finders or Gumtree.
None of these checks guarantee anything, and a listing can pass all three and still be a bad tenancy. But a listing that fails one of them should stop the process while you investigate.
If something was hidden
If a landlord or agent has not followed the disclosure rules, the NSW material points to two routes: you can apply to the Tribunal to end the tenancy if landlords or agents don't follow these rules, and you can get help from NSW Fair Trading.
The practical sequence is:
- Gather your evidence — the ad as saved, your written questions, the answers, your dated photos, the signed agreement.
- Contact NSW Fair Trading for guidance on your situation before you act.
- Ask about applying to the Tribunal if you want the tenancy ended on that basis.
Do this before withholding rent or leaving, and get advice specific to your circumstances rather than assuming an outcome. Not every omission ends a tenancy, and the Tribunal decides on the facts.
Outside NSW
Tenancy law in Australia is state and territory based, so the disclosure list above is NSW-specific. The source material notes that landlords in Western Australia are no longer allowed to refuse a tenant in at least one circumstance covered by recent change, and it identifies separate services by jurisdiction — including South Australia and the Legal Aid ACT Tenants Advice Service — under a general listing of tenancy services in Australia.
If you are renting outside NSW, find your state or territory's tenancy advice service and read its own disclosure page. Do not assume the NSW list transfers across a border, and do not assume a rule you read about one state applies in another.
Your next step
Before your next inspection:
- Open the NSW Fair Trading page on what tenants need to be told about a rental property and read the current list.
- Turn the material-fact questions above into one email to the agent, so the answers exist in writing.
- Run the listing images through a reverse image search and confirm who you are dealing with.
- If you are outside NSW, locate your local tenancy advice service and repeat step 1 against its guidance.
- If you suspect something was concealed, contact NSW Fair Trading before taking any step that could be treated as you breaking the agreement.
General information only
This article is general information about disclosure rules, not legal advice, and it does not account for your circumstances. It is not a substitute for the current text on the NSW Fair Trading page, for your state or territory tenancy service, or for advice from a lawyer or tenancy advocate. Rules change; confirm them with the responsible official source before you rely on them. Australian Today is an independent publisher — it is not a government body, regulator, lender, broker or comparison service, and nothing here is an offer or a recommendation of any provider or product.