The Rental Privacy Shake-Up: What NSW’s New Laws Mean for Agents and Renters

Real estate agents, landlords and tenants in New South Wales should be aware of the recent passing of the Residential Tenancies Amendment (Protection of Personal Information) Bill 2025 (NSW) (Bill), which institutes a new framework for privacy and the handling of personal data under the Residential Tenancies Act 2010 (NSW).

Alongside changes to how tenants’ personal information is to be collected, used, stored, and disposed of during the rental application process and throughout their residential tenancy, the new law has also established requirements for rental advertisements to disclose the use of digitally and AI-altered images where it would be reasonably likely to mislead or deceive a prospective tenant.

Protections for Renters

1. The reforms are designed to protect renters and the broader rental market by ensuring that tenants have greater control over their personal information.
2. The new protections include:
   1. a right for renters to provide their details directly to a landlord or agent, rather than being forced to use third-party property platforms;
   2. identity verification and tenancy database practices; and
   3. an expansion to the powers ofthe NSW Civil and Administrative Tribunal to provide renters with a meaningful enforcement mechanism.
3. Mandatory disclosure requirements, including in relation to the use of digitally altered advertising images in listings, have also been introduced with the aim of promoting transparency in the rental market and helping renters make better-informed decisions.

Compliance Challenges for Real Estate Agents and Landlords

1. Real estate agents will need to review and potentially overhaul their application processes, data collection forms and technology platform arrangements to ensure compliance with the new laws. Additionally, a new requirement that unlawfully collected information must be destroyed within two business days will demand prompt internal processes.
2. The scale of the penalty regime raises the stakes for non-compliance. Penalties for contraventions of the new privacy requirements will apply, while penalties for certain existing offences concerning residential tenancy agreements, amounts payable by tenants, rent records, and rent payment methods, and will increase.
3. The obligation to offer renters a direct application channel may limit real estate agents’ ability to use centralised property technology platforms to streamline the intake of applications, potentially increasing administrative workload.
4. The reforms are on top of other changes made to real estate laws by the Property and Stock Agents Amendment (Underquoting and Other Agent Conduct) Act 2026, which passed the NSW Parliament on 23 June 2026. Among other things, that Act makes it mandatory to advertise properties with a price guide, and prohibits agents from advertising at a price lower than a previously rejected offer or the highest unsuccessful bid at an auction.

Commencement

1. Schedule 1[13] of the Bill, which establishes new rules concerning the keeping of pets by tenants pending a landlord’s response to an application for consent, commenced upon the giving of royal assent on 2 October 2026. The remainder of the Bill is expected to come into effect in early 2027.
2. Businesses should monitor for the supporting regulations, which will prescribe the specific information that may be collected and the timeframes for destruction of applicant data. These regulations will be critical in determining the practical scope of many of the Bill’s obligations.

Key Takeaways

1. Agents and landlords should begin reviewing their application processes, data collection forms, third-party platform arrangements and data retention practices now, ahead of the Bill’s commencement, to ensure they are ready to comply with the new framework.
2. Renters can expect greater control over their personal information and a more transparent application process once the provisions commence.

The Bill represents a landmark shift in rental privacy protections in NSW. Whether you manage properties or are searching for your next home, it is prudent to understand how these changes will affect you.

Stanton & Stanton is happy to assist landlords, agents and renters in understanding these new obligations under the Residential Tenancies Act 2010 (NSW). Please connect with us to find out more.