What is a NSW condition report and why does it matter?

A NSW condition report is a statutory document that records the physical state of your rental property — and it is your single most important piece of evidence if a bond dispute ever arises.

When you move in, your landlord fills out the ingoing report. When you move out, both parties complete it again. The difference between those two snapshots is often what determines whether you get your full bond back. Getting the ingoing report right — before you unpack — is one of the most valuable things you can do as a tenant.

What the law actually says

Under section 29 of the Residential Tenancies Act 2010, the landlord must complete a condition report before or when they give you the tenancy agreement to sign.

Before or at the time you sign, the landlord must give you two copies of the completed report — or one electronic copy (s29(2)). You then have seven days after taking possession of the property to complete your copy and return one copy to the landlord. Both of you must keep a copy (s29(3)).

At or as soon as reasonably practicable after the tenancy ends, both parties must complete the copy of the report they have been keeping, and s29(4) requires it be done in the presence of the other party. If one party will not attend, s29(5) allows the other to complete it alone — provided they gave the other party a reasonable opportunity to be present.

There is also a built-in protection for tenants: if the landlord never gave you a condition report, you are not required to return one (s29(3A)).

The report must be in the standard form set out in Schedule 2 of the Residential Tenancies Regulation 2019, as prescribed by clause 7 of that Regulation.

What if the landlord never provides a report?

The s29(3A) protection means you are not legally required to return an ingoing report the landlord never gave you — but staying silent leaves you with no evidence of the property’s condition when you moved in.

The better move is to make your own record. Download the standard NSW Fair Trading condition report template, fill it out in detail on your first day, take extensive photos of every room, and email a signed copy to the landlord or agent so it lands in your outbox with a timestamp. This is not a substitute for the landlord’s statutory obligation, but it gives you the evidence you would otherwise be missing.

Note in your email that you are providing the report because none was received. Keep a copy for yourself.

What goes on the report

The standard form works room by room and area by area. It covers walls, floors, ceilings, doors, windows, fixtures, fittings, appliances, garden areas, and external structures.

For each area, both you and the landlord note the condition. Common descriptors are things like “clean”, “damaged”, or “not working” — but the form also has space for written comments.

Do not rely on checkboxes alone. Write specific notes for anything that is not in perfect condition. That includes minor marks, stains, chips, or anything that looks worn. If you are not sure whether something counts, note it anyway.

Why photos matter more than the checkbox

The condition report is a form. Forms use broad categories. “Damaged” can mean a hairline scratch or a hole in the wall — the checkbox tells you nothing useful.

When disputes go to NCAT (the NSW Civil and Administrative Tribunal), what actually matters is evidence. Timestamped photos tied to specific items on the report give you that evidence. A checkbox does not.

Take photos of every room before you unpack. Photograph every wall, every floor, every appliance — even things that look fine. If something is already marked or worn, take a close-up. Refer to your photos in the written comments section of the report.

Store your photos somewhere safe and backed up. You may not need them for years — but if you do need them, you will need them urgently.

How to fill it out properly

The biggest mistake tenants make is rushing the condition report on moving day. Do it before you put anything down. The property should look exactly as the landlord left it.

Walk through every room slowly. Check inside cupboards, wardrobes, and under shelves. Run taps, flush toilets, test light switches and appliances. Open every window and door.

Write specific descriptions, not vague ones. “Scuff on north wall near light switch, approximately 5 cm long” is useful. “Mark on wall” is not.

You have seven days after taking possession to complete and return your copy to the landlord (s29(3)). Do not leave it until the last day — that removes your buffer if you notice something you missed.

Keep your copy. Under s29(3), both parties must retain a copy.

A common trap is being asked to sign or agree to the report before you actually have the keys and have inspected the property yourself. Do not do this. The law gives you seven days after taking possession to complete the report. Insist on receiving the keys first so you can do a thorough inspection.

What happens if you disagree with the landlord’s version

Sometimes the landlord’s version of the ingoing report says the property was in perfect condition — and yours disagrees.

If that happens, add your written dissenting comments to your copy of the report. Under section 30(2)(b), any statement the tenant dissents from in writing is excluded from the legal presumption that the report is correct. Your written disagreement is legally significant — it stops that part of the report from being treated as settled fact.

If the dispute is serious, section 31 of the Act gives NCAT the power to order that a condition report be amended. You can apply to NCAT for this — but your chances are much stronger if you have photos and a written record of the problem from the day you moved in.

For guidance on what to do when a dispute escalates, see How do I dispute a bond claim in NSW?

The signed report is “presumed correct”

This is the part that catches tenants off guard.

Under section 30(1) of the Act, a condition report signed by both you and the landlord is presumed to be a correct statement of the property’s condition on the date specified — unless there is evidence to the contrary.

In plain terms: once you sign it, the report is treated as accurate. If you later want to argue that a particular damage was pre-existing, you need evidence to override the report. Without that evidence — like photos, or a written dissenting note — the report’s version wins.

This is why a poorly completed ingoing report is so dangerous. If the landlord’s version said everything was fine and you signed it without noting the pre-existing marks, you have made it much harder to defend against a deduction later.

How the report is used at bond claim time

At the end of your tenancy, if your landlord makes a bond claim without your agreement, section 165 of the Act requires them to give you two things within seven days: a copy of the completed outgoing condition report, and copies of any estimates, quotes, invoices, or receipts for the work they are claiming against you (s165(1) and (2)).

Failing to provide these documents without reasonable excuse is an offence under s165(4), carrying a maximum penalty of 20 penalty units.

This is the moment where the ingoing and outgoing reports are compared. If the outgoing report shows damage, the landlord must show it was not there when you moved in. A thorough ingoing report — with photos — is your evidence that it was already there, or that the damage falls within fair wear and tear.

For more detail on what landlords can and cannot claim, see What can a landlord deduct from my bond in NSW?

Got a specific question about your condition report?

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Treat the ingoing report as insurance for your bond

Your bond is typically several thousand dollars. The ingoing condition report is what protects it.

A rushed, vague, or unsigned condition report is not a neutral starting point — it is a gap in your evidence. A detailed, specific, photo-backed report takes an extra hour on moving day and can save you that entire bond at the end.

For a full overview of the bond return process, see How do I get my rental bond back in NSW?