Handling Rooming & Boarding House Disputes in NSW

Living in a rooming or boarding house in New South Wales can offer flexibility and convenience. However, disputes can arise, often related to issues like rent increases, evictions, or necessary repairs. Understanding your rights as a renter is crucial to resolving these matters effectively.

Understand Your Rights and Responsibilities

In NSW, the rights and responsibilities of residents and proprietors in rooming and boarding houses are governed by specific legislation. Becoming familiar with the Residential Tenancies Act 2010 is an essential first step.

Common Disputes in Rooming and Boarding Houses

1. Rent Increases

Rent increases are often a point of contention. In NSW, landlords must provide at least 60 days' written notice of a rent increase for boarding houses. If you believe the increase is unreasonable, you can apply to the NSW Civil and Administrative Tribunal (NCAT) to challenge it.

2. Evictions

If you face eviction, ensure that the proper notice has been served in accordance with your agreement and NSW law. Residents should receive a written notice outlining the reasons and the date of eviction. If you feel wrongfully evicted, you can file a dispute with NCAT.

3. Repairs and Maintenance

Landlords are required to maintain the premises in a reasonable state of repair. If repairs are neglected, write to your landlord detailing the issues and request urgent attention. If unmet, lodgers can apply to NCAT for orders to compel repairs.

Steps to Resolve Disputes

1. Communicate directly with your landlord. Often, a discussion can resolve issues without further action.
2. Gather documentation. Keep records of all communications and notices related to your dispute.
3. Apply to NCAT if necessary. If direct negotiation fails, NCAT can mediate and provide legally binding resolutions.

FAQ Section

1. What should I do if I receive an eviction notice?
   First, confirm the notice complies with NSW requirements. Then, assess its validity. Contact NCAT if you believe it's unjustified.
2. Can I dispute a rent increase at any time?
   You can challenge a rent increase by applying to NCAT if you feel it is excessive compared to similar properties.
3. What are my rights if repairs are not attended?
   If repairs aren't addressed, write to your landlord. You can apply to NCAT for orders to enforce necessary repairs.
4. Is mediation available for disputes?
   Yes, NCAT provides a mediation service to facilitate dispute resolution between tenants and landlords.

How To Section

1. How to challenge a rent increase in NSW
   
   1. Step 1: Review the notice
      Check whether your landlord adhered to the 60-day notice period.
   2. Step 2: Gather comparative evidence
      Research similar properties to assess the fairness of your rent.
   3. Step 3: File an application to NCAT
      Submit your documentation through the NCAT website if you choose to dispute the increase.

Need Help? Resources for Renters

• NSW Fair Trading: Provides information and dispute resolution services.
• Legal Aid NSW: Offers free legal services to eligible residents.
• NCAT Tenancy Division: Official tribunal for resolving tenancy disputes.

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1. ⓒ Residential Tenancies Act 2010, accessed October 2023, NSW Legislation Website.
2. ⓒ NCAT Tenancy Division, NSW Civil and Administrative Tribunal, accessed October 2023.
3. ⓒ NSW Fair Trading, Official Website, accessed October 2023.

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