Common Tenant Rights and Protections in NSW

Renting a property in New South Wales (NSW) comes with a set of rights and responsibilities. Understanding your rights can help you address common issues such as rent increases, evictions, and required repairs. This guide answers common tenant questions to help ensure you are protected under the Residential Tenancies Act 2010 (NSW).

Understanding Rent Increases

As a renter, it's important to know how rent increases should be handled in NSW. Landlords must provide written notice of a rent increase at least 60 days before the change takes effect. This notice must clearly state the amount of the new rent and the date from which it applies.

Always check that the rent increase is justified, reasonable, and in line with market rates.

What to Do If You Disagree with a Rent Increase

If you believe a rent increase is unjustified, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review. Remember that you must lodge your application within 30 days of receiving the notice.

The Process for Eviction

Evictions can be stressful, but there are strict processes landlords must follow. You must receive a termination notice that outlines the reason for eviction and the date by which you should vacate the property. Generally, landlords must provide notice of at least 30 days for no-grounds eviction at the end of a lease term.

Responding to an Eviction Notice

Check that the termination notice from your landlord is valid and complies with NSW laws. If you're unsure, consider seeking advice from legal services or tenancy advocacy groups. If you want to challenge the eviction, you can apply to NCAT for assistance.

What to Do About Repairs and Maintenance

Tenants in NSW have the right to enjoy a safe and habitable property. If urgent repairs are needed, such as a burst pipe or dangerous electrical fault, report these to your landlord immediately. The landlord must arrange for urgent repairs promptly.

For non-urgent repairs, it is recommended to put your request in writing and allow your landlord a reasonable time to respond. If repairs are not conducted, you may apply to NCAT for an order for repairs.

Need Help? Resources for Renters

• NSW Fair Trading: Information on tenants' rights and responsibilities.
• NCAT: The tribunal for resolving tenancy disputes.
• Tenants' Union of NSW: Legal advice and support for renters.

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1. Can my landlord increase the rent every year? Yes, your landlord can increase the rent, but they must follow the proper procedure and provide a minimum of 60 days' notice.
2. What can I do if my landlord refuses to fix something? If your landlord doesn't respond to repair requests, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to have repairs conducted.
3. How can I challenge an eviction notice? Review the validity of the notice and, if necessary, apply to NCAT to challenge the eviction.

1. How to dispute a rent increase
   1. Review the increase notice: Ensure it meets legal requirements with at least 60 days' notice.
   2. Seek Rent Assessment: Request an assessment from Fair Trading if you believe the increase is excessive.
   3. Apply to NCAT: File an application for a review of the rent increase.
2. How to request essential repairs
   1. Identify urgency: Categorize the repair as urgent or non-urgent.
   2. Document request: Submit a written request to your landlord.
   3. Follow up: If unresolved, contact Fair Trading or apply to NCAT.

Key Takeaways

• Understand your rights regarding rent increases, evictions, and repairs.
• Seek timely advice and use appropriate resources if disputes arise.
• Always document communication with your landlord for future reference.

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1. The Residential Tenancies Act 2010 (NSW) governs tenant rights and responsibilities in New South Wales.
2. The NSW Civil and Administrative Tribunal (NCAT) handles tenancy disputes, including rent increases and evictions.

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