Is Your Landlord Violating Housing Laws in NSW?

Living in public or social housing in New South Wales (NSW) comes with its own set of rights and responsibilities. As a tenant, it's essential to understand whether your landlord is complying with the legal obligations set out in the Residential Tenancies Act 2010. Here’s what you need to know to protect yourself and ensure fair treatment.

Understanding Public and Social Housing in NSW

In NSW, public and social housing provide essential accommodation options for many. These housing solutions are governed by specific laws aimed at protecting tenants' rights, ensuring access to necessary maintenance, prohibiting unlawful evictions, and much more.

Common Landlord Obligations

• Maintenance and Repairs: Landlords must ensure the property is in good repair. If you require repairs, the proper form is the Residential Tenancy Agreement.
• Rent Increases: Increases in rent must follow the guidelines. Tenants should receive at least 60 days' notice before any rent rise.
• Eviction Notices: Any eviction must be in compliance with the legal procedures, providing the tenant sufficient notice.

Is Your Landlord Compliant?

If you suspect your landlord is not following the Fair Trading Act 1987, it's crucial to take steps to protect your rights. Documentation and communication are key.

Tip: Keep all correspondence with your landlord regarding issues like maintenance requests or rent disputes. This could be essential evidence if a dispute arises.

Action Steps for Tenants

If you’re encountering issues with your landlord not complying with social housing laws in NSW, consider the following steps:

1. Document Everything: Keep a record of all your communications, including emails and letters.
2. Know Your Lease: Review your Residential Tenancy Agreement to understand your rights and obligations fully.
3. Official Complaints: File a complaint with NSW Fair Trading if your landlord's actions violate tenancy laws. You can also apply to the NSW Civil and Administrative Tribunal (NCAT) for resolution of disputes.

FAQ Section

1. What should I do if my landlord isn't making necessary repairs?

   Request the repairs in writing and provide a reasonable deadline. If the landlord fails to act, consider applying to NSW Fair Trading or NCAT for assistance.

2. Can my landlord increase rent without notice?

   No, landlords must give at least 60 days' written notice before increasing rent in NSW.

3. What are my rights if I face eviction?

   If served with an eviction notice, ensure your landlord followed the correct legal process. You can contest unfair evictions through NCAT.

How To Section

1. How to challenge a rent increase in NSW:

   Step 1: Review the notice. Ensure the notice follows the state’s rules and provides the required 60-day lead time.

   Step 2: Respond in writing if you want to negotiate or dispute the increase, potentially involving tenants' advocacy services.

   Step 3: Lodge a complaint with NCAT if necessary to formally dispute the increase.

Need Help? Resources for Renters

If you need assistance, consider reaching out to the following resources:

• Tenants' Union of NSW
• Legal Aid NSW
• Housing NSW
• NSW Civil and Administrative Tribunal (NCAT)

---

1: Residential Tenancies Act 2010

2: Fair Trading Act 1987

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