End of tenancy is the point where most landlord-tenant disputes arise — and most of those disputes are about cleaning. Understanding what NSW law allows you to expect, how to document it properly, and how to handle disputes efficiently will save you significant time and money.
This guide is written for landlords and property managers navigating the final inspection process in NSW.
What You Can Reasonably Expect
Under the Residential Tenancies Act 2010 (NSW), tenants are required to leave the property in the same condition as when they moved in, allowing for fair wear and tear. Understanding the distinction is critical:
Fair Wear and Tear (Tenant Not Responsible)
Gradual deterioration from normal, reasonable use — carpet worn from foot traffic, minor scuffs on walls from furniture, faded paint, small nail holes from picture hanging, minor marks on bench tops from everyday use. You cannot claim bond for these items.
Damage Beyond Fair Wear and Tear (Tenant Responsible)
Stains, burns, gouges, or holes in carpet or flooring; large holes in walls from anchors or brackets; deliberate damage; pet damage; excessive grime or mould resulting from poor ventilation or hygiene. These are legitimate bond claims.
The Entry Condition Report: Your Most Important Document
The Entry Condition Report (ECR) completed at the start of the tenancy is the single most important document for any end of tenancy dispute. Without it, you have no baseline to compare against — and claims at NCAT become very difficult to substantiate.
- The ECR must be completed by both landlord and tenant at move-in
- It should be detailed, room by room, with photos attached
- Any discrepancies between landlord and tenant should be noted, not ignored
- The signed copy is the reference document for the final inspection
If no ECR was completed, the NSW Civil and Administrative Tribunal (NCAT) will generally assume the property was in good condition at the start of the tenancy — which significantly weakens bond claims for damage.
The Final Inspection: What to Check
Use the ECR as your guide. Go room by room and compare current condition against the documented starting condition. Key areas to assess:
- Kitchen: Inside the oven and rangehood filter, inside all cupboards and drawers, splashback, under the sink
- Bathrooms: Shower grout and silicone, toilet (including base and cistern), exhaust fan, tile condition
- Floors: Carpet condition and staining, hard floor scratches or damage
- Walls: Marks, holes, damage beyond small nail holes
- Windows: Glass, tracks, screens
- Outdoor areas: Balconies, courtyards, gardens if included in the lease
- Appliances: Condition of any landlord-supplied appliances
If the Property Isn't Clean Enough
If the property doesn't meet the standard at final inspection, you have two options:
- Allow the tenant to re-clean — many landlords give a short window (24–48 hours) to remedy specific issues before making a bond claim. This often results in faster resolution than a dispute.
- Arrange professional cleaning and claim the cost from bond — get a quote and invoice from a cleaning company, and claim the documented cost from the bond. Claims must be supported by receipts, not estimates.
You cannot claim from bond simply because cleaning is needed — you must be able to show the property required a higher cleaning standard than when it was vacated, compared to move-in condition.
Bond Claim Process in NSW
Bond is held by NSW Fair Trading (via the Rental Bond Board). To claim bond:
- Both parties agree on the amount — lodge a joint claim at NSW Fair Trading
- If there's a dispute, either party can apply to NCAT for determination
- NCAT decisions are based on documented evidence — ECR, photographs, receipts, and witnesses
NCAT filing is straightforward, but the strength of your case depends entirely on documentation. Vague claims without evidence rarely succeed.
Common Mistakes Landlords Make
- Claiming for fair wear and tear — this is a losing claim at NCAT and damages the landlord's credibility for other claims
- Not completing a thorough ECR at move-in — without it, damage claims are very hard to prove
- Delaying the final inspection — inspect promptly after keys are returned so you have time to address issues
- Using estimates instead of receipts — bond claims must be supported by actual costs
- Claiming for the property's age — if carpet was already 8 years old and worn, the tenant isn't responsible for replacing it
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