Guide to Compensation & Lease Breaches in NSW

Renting in New South Wales (NSW) involves navigating various rights and responsibilities, both for tenants and landlords. Understanding how to handle lease breaches and seek compensation can protect you during your tenancy. This guide explores these elements within the framework of the Residential Tenancies Act 2010 (NSW) and provides practical steps for renters to assert their rights effectively.

Understanding Lease Breaches in NSW

Lease breaches can occur when either a tenant or landlord fails to meet their obligations under the rental agreement or the law. In NSW, common breaches include failure to maintain the property, unauthorized changes or use, and not providing quiet enjoyment.

Common Tenant Breaches

• Non-payment of rent
• Damaging the property
• Subletting without permission

Common Landlord Breaches

• Failure to repair and maintain the property
• Illegal entry without proper notice
• Harassment or interference with your quiet enjoyment

Seeking Compensation for Breaches

If a landlord breaches the lease, you may be entitled to compensation. Compensation can cover loss of amenity, damages from illegal entry or negligence, and costs of repairs previously requested but not addressed.

Steps to Claim Compensation

1. Document the Issue: Collect all necessary evidence such as photos, emails, and notes on dates and times of the issues.
2. Notify the Landlord: Written communication is preferred to formally make them aware of the breach and any proposed resolutions you are seeking.
3. Apply to the Tribunal: If unresolved, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a resolution.

Key Legislation for Renters in NSW

The Residential Tenancies Act 2010 governs rental agreements in NSW. It provides the legal framework for issues such as rental increases, evictions, and property maintenance, ensuring fair rental practices.

Official Forms for Tenancy Issues

• Consumer, Trader and Tenancy Tribunal (CTTT) Application: Use this form to apply for a hearing. It's necessary if informal resolutions fail. Available on the NCAT website.
• Condition Report: Important for documenting the state of the property at the start and end of the tenancy, available via the NSW Fair Trading website.

Need Help? Resources for Renters

• Tenants' Union of NSW: Offers free legal advice and resources for renters.
• NSW Civil and Administrative Tribunal (NCAT): Handles tenancy disputes and application processes.
• NSW Fair Trading: Provides information on tenants' rights and landlord responsibilities.

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1. What should I do if my landlord is not making repairs? Contact your landlord in writing to request repairs. If the issue persists, consider applying to the NSW Civil and Administrative Tribunal (NCAT) for an order.
2. How long does a landlord have to fix urgent repairs in NSW? Landlords must address urgent repairs as soon as reasonably possible. Urgent repairs typically include serious water leaks, gas leaks, or electrical faults.
3. Can I refuse a rental increase during my fixed-term lease? During a fixed-term lease, landlords cannot increase rent unless the lease agreement includes provisions for doing so.

1. How to file a compensation claim with NCAT in NSW? Start by gathering all necessary evidence of the breach, such as communications and photos. Fill out the application form available on the NCAT website. Submit the form along with any fees to NCAT, and attend the scheduled hearing.

• Always document communication with your landlord to reference if needed in a formal setting.
• Understanding your rights under the Residential Tenancies Act 2010 (NSW) can empower you.
• Seek early advice from tenant advocacy services to navigate issues constructively.

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1. Source: Residential Tenancies Act 2010 (NSW)

2. Source: NSW Civil and Administrative Tribunal (NCAT)

3. Source: NSW Fair Trading

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