FAQs on Evictions & Breach Notices in NSW

Renting in New South Wales can sometimes lead to questions, especially around eviction and breach notices. Understanding your rights and obligations under the Residential Tenancies Act 2010 is crucial in such situations. This article addresses common questions renters in NSW may face and provides guidance on handling evictions and breach notices effectively.

Understanding Evictions and Breach Notices

As a renter, receiving an eviction or breach notice can be daunting. It's essential to know what these notices mean:

• Eviction Notice: A formal letter from your landlord asking you to vacate the property by a specified date, often due to a breach of the rental agreement.
• Breach Notice: Notification that you have allegedly violated a term of your lease agreement, such as unpaid rent or property damage.

What Should I Do if I Receive an Eviction Notice?

If you receive an eviction notice, it is important to understand why it was issued and your rights in response. Check whether your landlord has issued a valid notice:

• Notice to Vacate (Form 1A): Used by landlords to terminate a tenancy. Ensure it specifies the reason for eviction and complies with legal requirements.
• Notice Period: You generally have 14 to 90 days, depending on the reason. For non-payment, it's usually 14 days.

Take the following steps upon receiving a notice:

1. Confirm the notice is valid and correctly formatted.
2. Contact your landlord to discuss the notice if you believe there is an error or you can resolve the issue.
3. Consider applying to the NSW Civil and Administrative Tribunal (NCAT) for a hearing if you disagree with the notice.

How to Handle Breach Notices

Breach notices require prompt attention to avoid escalation.

• Notice to Remedy Breach (Form N2): This tells you to fix the problem within the specified time or face possible eviction.
• Steps to Take: Address the breach immediately, whether it's paying overdue rent, repairing damage, or another issue.

If you believe the notice is unfair, gathering evidence and seeking mediation might be necessary.

Need Help? Resources for Renters

If you're facing eviction or received a breach notice, these resources may assist you:

• Tenants' Union of NSW – Offers legal advice and advocacy.
• NSW Fair Trading – Information about tenants' rights and responsibilities.
• NSW Civil and Administrative Tribunal – Platform for dispute resolution.

---

1. What is a breach notice? A breach notice informs you that you've allegedly violated your lease terms. It specifies what needs fixing, like overdue rent or property damage.
2. How can I contest an unfair eviction notice? If you believe an eviction notice is unfair, you can apply to the NSW Civil and Administrative Tribunal for a review.
3. How long do I have to vacate after receiving an eviction notice? Depending on the reason, you have 14 to 90 days to vacate, as stipulated in the notice.

1. How to apply to NCAT to challenge an eviction notice
   1. Review the eviction notice to ensure grounds are spelled out and legitimate.
   2. Gather evidence supporting your case, such as rent payment receipts or communication logs.
   3. File an application with NCAT using the appropriate forms, like an application form.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid