FAQs on Tenant Harassment in NSW

Are you a renter in New South Wales concerned about harassment by your landlord or misconduct issues? Understanding your rights and knowing what steps to take can help you navigate these challenges effectively. Here, we address some of the most frequently asked questions about harassment and landlord misconduct specific to NSW.

What Constitutes Harassment by a Landlord?

Under the Residential Tenancies Act 2010 in New South Wales, harassment refers to any conduct by a landlord that is intended to disturb or distress a tenant. This can include persistent communication at unreasonable hours, entering the premises without notice, or threatening behavior.

Steps to Take if You Feel Harassed

Experiencing harassment can be distressing, but there are clear steps you can take to protect yourself:

1. Document the Incidents: Keep a detailed log of every incident of harassment, noting dates, times, and any relevant communication.
2. Issue a Formal Complaint: Notify your landlord in writing about the specific issues you're facing. This provides a record that can be crucial if further action is needed.
3. Seek Mediation: If direct communication doesn't resolve the issue, consider mediation services offered by Community Justice Centres.
4. File a Complaint with NCAT: If harassment continues, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a resolution. You’ll need to complete the Tenancy Division Application Form available at the NCAT website.

Can a Landlord Enter Without Notice?

According to the Residential Tenancies Act 2010, landlords in NSW must provide at least 7 days' written notice for routine inspections. Entry without consent or sufficient notice is generally not permitted and can be considered unlawful.

Understanding the Legislation

The Fair Trading Act 1987 (Cth) also offers broader consumer protections against unfair practices. Renters should consult both this Act and the Residential Tenancies Act 2010 to fully understand their rights.

1. Who can help if I'm experiencing landlord harassment?

   If you're dealing with harassment, organizations like NSW Fair Trading and local tenants' advocacy services can offer support and guidance.

2. What should I do if my landlord threatens eviction as retaliation?

   Retaliatory evictions are unlawful. Document the threats and seek mediation or file a complaint with NCAT if necessary.

3. How can I prove harassment by my landlord?

   Collect detailed records of all incidents, including dates, times, and communications, to present as evidence if needed.

1. How to file a complaint with NCAT
   1. Step 1: Complete the Application Form - Fill out the Tenancy Division Application Form located on the NCAT website.
   2. Step 2: Submit Your Application - Lodge your form in person, by post, or online, then wait for a response from NCAT.
   3. Step 3: Prepare for Your Hearing - Gather all evidence and documentation related to your case to present during the proceedings.

Need Help? Resources for Renters

If you need further assistance, contact NSW Fair Trading, the NSW Civil and Administrative Tribunal (NCAT), or your local community legal centre for support.

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1. Residential Tenancies Act 2010 (NSW). Available at: NSW Legislation

2. Fair Trading Act 1987 (Cth). Available at: Federal Register of Legislation

3. NCAT Tenancy Forms. Available at: NCAT Website

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