When it comes to renting a residential property in the state of New South Wales (NSW), there are certain legal requirements that need to be followed, including the signing of a tenancy agreement. One important aspect of this agreement is the need for a witness. But who can legally witness a residential tenancy agreement in NSW?

The Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019 outline the laws and regulations surrounding residential tenancy agreements in NSW. According to these laws, a witness to the tenancy agreement must be over the age of 18 and cannot be a party to the agreement. This means that the witness must not be the landlord or tenant themselves, or a family member of either party.

The witness must also be present when the tenancy agreement is signed by both the landlord and the tenant. This is important as it ensures that the witness has seen the agreement being signed and can attest to its validity in case of any disputes or legal issues down the line.

It’s worth noting that in NSW, there is no requirement for the witness to be a Justice of the Peace (JP) or a lawyer. While these individuals can witness a tenancy agreement, anyone over the age of 18 who meets the above criteria can also act as a witness.

So, who can legally witness a residential tenancy agreement in NSW? Anyone over the age of 18 who is not a party to the agreement and is present at the time the agreement is signed by both the landlord and the tenant.

In summary, if you are a landlord or tenant in NSW looking to sign a residential tenancy agreement, it’s important to ensure that you have a suitable witness present. Remember, the witness must be over the age of 18 and cannot be a party to the agreement. By following these legal requirements, you can ensure that your tenancy agreement is valid and legally binding.