Is Your Landlord Violating Rental Laws in NSW?

If you're renting in New South Wales (NSW), it's crucial to understand your rights and responsibilities concerning rent, bonds, and holding deposits. This knowledge not only helps in avoiding misunderstandings but also in identifying when your landlord might be violating your rights under the Residential Tenancies Act 2010^[1].

Understanding Rent, Bond, and Holding Deposit Laws in NSW

These core areas are heavily regulated to protect renters:

1. Rent Increases

Your landlord must follow strict rules when increasing rent. This includes providing at least 60 days' written notice before the increase takes effect. The notice should clearly state the new amount and effective date.

2. Bond Payments

Your bond is a security deposit and should not exceed four weeks' rent for most properties. It must be lodged with the NSW Rental Bond Board, and you should receive confirmation of this. Always ensure your bond is registered properly to safeguard it when you vacate the property.

3. Holding Deposits

Holding deposits are optional and cannot exceed one week’s rent. This deposit commits the landlord to hold the property for you and cease other rental applications for a specified time, usually seven days.

What To Do If Your Rights Are Violated

If you suspect your landlord is not complying with the law, here's what you can do:

• Document Everything: Keep copies of all communications, notices, and receipts.
• Seek Clarification: Approach your landlord or agent first to discuss the issue.
• File a Complaint: If issues remain unresolved, submit an application to the NSW Civil and Administrative Tribunal (NCAT) for a hearing.

Relevant Forms and When to Use Them

Be prepared with the appropriate forms for various scenarios. Here are some common ones:

• Rental Bond Claim Form: Use this to claim your bond back at the end of the tenancy, available at the Service NSW website.^[2]
• Notice to Terminate Tenancy: If the dispute cannot be resolved and you need to end the lease.

1. What can I do if my landlord doesn't return my bond? If your landlord doesn't return your bond, use the Rental Bond Claim Form to start the repayment process. If disputed, NCAT can resolve the matter.
2. How often can landlords increase rent in NSW? There is no limit on how often rent can be increased in periodic agreements, but landlords must give 60 days' notice for each increase.
3. Do I have to pay a holding deposit? Paying a holding deposit is optional. It is a way to secure the property while the final lease is drawn up.

1. How to apply to NCAT for a dispute resolution?
   1. Obtain and complete the NCAT application form from their official website.
   2. Describe your issue in detail and submit any supporting documents.
   3. Pay the necessary fee and submit your application before the hearing.

Key Takeaways

• Know your rights under the Residential Tenancies Act 2010 to identify violations.
• Keep documentation of all tenancy interactions.
• Utilize official resources like NCAT for unresolved disputes.

Need Help? Resources for Renters

If you need further assistance, consider contacting these NSW resources:

• NSW Tenants' Union
• NCOSS Renter Resources
• NSW Fair Trading
• Legal Aid NSW

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1. Residential Tenancies Act 2010 (NSW)
2. Service NSW – Lodge a Claim for Rental Bond

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