$110 Penalty: Why End of Tenancy Survey Matters More Than Ever

Since 19 May 2025, NSW Fair Trading has been issuing penalties to real estate agencies for failing to comply with mandatory bond data collection under clause 23L of the Residential Tenancies Regulation 2019. One of our clients recently received a $110 Penalty Infringement Notice, and they’re not alone.

Under clause 23L of the Residential Tenancies Regulation 2019, landlords and agents must complete a short survey when claiming or releasing a rental bond through Rental Bonds Online. The survey asks who ended the tenancy, how, and if the landlord ended it, the reason why.

Critical deadline: These mandatory questions must be completed within 14 days of the initial bond claim.

While $110 might seem manageable, Fair Trading explicitly warns that “additional compliance action may be taken (by way of further penalties) should further breaches be identified.” With multiple bond claims processed monthly, penalties can quickly accumulate into serious financial and regulatory consequences.

Update Your Processes
Add bond data survey completion to your standard bond claim checklist. This is now a legislative requirement, not optional.

Set Reminders
Create automatic alerts at day 7 and day 12 after each bond claim to ensure nothing slips through the 14-day window.

Train Your Team
Ensure everyone processing bonds understands the requirement and knows how to complete the survey correctly.

Audit Recent Claims
Review all bond claims since 1 July 2025 to identify incomplete surveys. Addressing them now demonstrates good faith compliance.

This isn’t just about a $110 fine—it’s about building robust compliance systems that protect your agency from escalating penalties. Fair Trading has made their expectations clear and they’re actively monitoring compliance.

Don’t wait for a penalty notice. Review your bond processing procedures today.