Tenancy (NCAT)4 min read

Your bond, and how to get it back

The clock starts when the bond is paid out, not when you move.

By Un-Ai Jo, Principal Solicitor · Admitted in NSW, 2015 · Reviewed September 2026

What this is

General information about the law in New South Wales. It is not legal advice, it does not take account of your circumstances, and no solicitor–client relationship arises from reading it.

How the release works

Bonds are held by NSW Fair Trading through Rental Bonds Online. At the end of the tenancy either party can claim. If the tenant claims and the landlord does not dispute it within 14 days, the bond is paid out to the tenant. If the landlord claims first, you are notified and can dispute it.

The onus is on the landlord

A landlord claiming against the bond must prove the loss. Fair wear and tear is not a deductible item under the Residential Tenancies Act 2010 (NSW), and the practical dividing line is between deterioration from ordinary use, which is not claimable, and damage or neglect, which is.

Carpet worn along a hallway: fair wear and tear
Carpet burned or stained: damage
Paint faded by sunlight: fair wear and tear
Holes from picture hooks: usually damage, depending on what was agreed

Depreciation

A landlord cannot charge you for a new item to replace an old one. If a ten-year-old carpet with a ten-year expected life is damaged, its residual value is close to nothing, and that is what is recoverable. The age of the item and the basis of the figure are what a tribunal looks for.

The single most useful documentThe ingoing condition report with your comments and your photographs, submitted within seven days of moving in.

If it is disputed

Fair Trading offers free dispute resolution first. If that fails, either party applies to NCAT. If the landlord claims the bond first, Fair Trading notifies you and you have 14 days to apply to NCAT. Let that pass and the claim is paid out to them. Separately, an application to the Tribunal about a bond that has already been paid out must be made within six months after the payout — not six months after the tenancy ends. Those are different dates and the difference matters, because a bond can sit unclaimed for a long time after a tenancy finishes.

Ending a tenancy since May 2025

The Residential Tenancies Amendment Act 2024 (NSW) commenced on 19 May 2025 and ended no-grounds terminations. A landlord must now give a prescribed reason to end a periodic or fixed-term tenancy, and must provide evidence of it. If you received a notice without a stated reason, it is likely invalid.

Current as at September 2026. Check anything here against your own documents and dates before you act on it.

Taking a matter to NCATWhat it costs, how long it takes, and what the tribunal decides on.

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