Common Questions About Ending a Tenancy in NSW

Ending a tenancy in New South Wales can bring up numerous questions and challenges, from understanding your rights and responsibilities to knowing what steps to take to ensure a smooth transition. Familiarity with the process under the Residential Tenancies Act 2010 is crucial for both renters and landlords.

Understanding Termination Notices

In NSW, ending a tenancy often involves serving an appropriate termination notice. This document informs your landlord or agent of your intention to vacate the property. Ensure the notice period aligns with your rental agreement and the minimum legal requirements, which typically vary based on your tenancy type and reason for leaving.

Types of Notices

• Immediate Notice: Use this if there are significant breaches, such as safety issues.
• 14-day Notice: Applicable when there are breaches by either party.
• 21-day Notice: Required for periodic agreements without a specified reason.
• Correct Forms: For accuracy, use forms from NSW Fair Trading.

Property Inspection and Bond Refund

A property inspection is crucial before moving out. It helps compare the current condition with the entry report, minimizing disputes over bond returns.

• Schedule an Inspection: Aim to do this before vacating, allowing time for any necessary cleaning or repairs.
• Bond Claim Forms: Lodge these through the Rental Bonds Online service, as instructed on the NSW Fair Trading site.

Handling Disputes

If disagreements arise regarding bond deductions, the NSW Civil and Administrative Tribunal (NCAT) is your avenue for resolution, offering an impartial hearing of tenancy disputes.

Tip: Document all correspondence with your landlord or agent and keep copies of inspection reports to support your claims at NCAT.

1. Can my landlord increase my rent during a fixed-term lease? Yes, but only if it's specified in your lease agreement with a 60-day written notice, as per the Fair Trading Act 1987.
2. What happens if I can't find another tenant for a lease transfer? You may be liable for compensation but not beyond the landlord's actual loss. Seek advice from local renter’s advocacy services.
3. How can I ensure my bond is refunded? Conduct thorough cleaning, fix damages, and provide your landlord with a forwarding address for bond-related communications.

How To Section

1. How to Lodge a Termination Notice in NSW
   1. Verify your notice period under the Residential Tenancies Act 2010.
   2. Complete the appropriate termination notice form from NSW Fair Trading.
   3. Deliver or send the signed notice to your landlord or agent.
   4. Keep a copy for your records as proof of notice.

Key Takeaways

• Use the correct termination notice based on your tenancy type.
• Ensure property condition aligns with the entry report for bond disputes.
• Handle disputes through NCAT for a fair resolution.

Need Help? Resources for Renters

• NSW Fair Trading - Offers guidelines on renting issues.
• Tenants' Union of NSW - Provides legal advice and support.
• NSW Civil and Administrative Tribunal (NCAT) - For resolving tenancy disputes.

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1. Section 83 - Termination for Breach under the Residential Tenancies Act 2010 (NSW).
2. Guide to ending your lease from NSW Fair Trading.
3. Bond refund process explained by NSW Fair Trading.

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