Is Your Landlord Violating Safety Laws in NSW?

As a renter in New South Wales, understanding your landlord's responsibilities regarding security, locks, and safety is crucial. The Residential Tenancies Act 2010 establishes clear guidelines for landlords to ensure your home is secure and safe. Here’s how to determine if your landlord is falling short and what steps you can take.

Understanding Landlord Responsibilities

Your landlord is responsible for providing and maintaining locks or security devices that ensure your safety and the security of the rental property. They must keep these devices in working order throughout the tenancy.

What Constitutes a Violation?

If your landlord fails to comply with the security and safety provisions outlined in the Residential Tenancies Act 2010, they may be violating the law. Common breaches include:

• Failure to repair broken locks in a timely manner
• Refusal to upgrade old or inadequate security devices
• Not providing keys or access codes promptly

Steps to Take if Your Landlord Is Non-Compliant

Should you suspect that your landlord is not meeting their obligations, follow these steps to address the situation:

• Communicate in writing: Clearly outline the issue with your landlord, specifying the repairs or upgrades needed.
• Submit a complaint to NSW Fair Trading: If the issue persists, contact NSW Fair Trading for assistance.
• Apply to the NSW Civil and Administrative Tribunal (NCAT): Use Form T1 to seek orders for your landlord to comply with their security obligations. Download the form from the NCAT official site.

Legislative Context

The responsibilities of landlords regarding security and safety are outlined in Section 68 of the Residential Tenancies Act 2010 (NSW). Ensuring compliance protects your rights and guarantees a secure living environment.

1. What should I do if my landlord doesn’t repair locks? Contact your landlord in writing first. If unresolved, approach NSW Fair Trading or apply to NCAT using Form T1.
2. Can I change the locks myself? Generally, you need the landlord's consent, except in emergencies. Always discuss this with them before proceeding.
3. Who bears the cost of security upgrades? Landlords are usually responsible for upgrading security devices unless the tenant caused the damage.

1. How to apply to NCAT for security breaches
   1. Obtain Form T1: Download it from the NCAT website.
   2. Complete the form: Provide details about the security issue and steps taken to resolve it.
   3. Submit the form: Follow submission instructions and pay any applicable fees.

Key Takeaways

• Landlords must ensure rental properties in NSW are secure and safe.
• Document and communicate issues in writing to your landlord.
• Use official channels like NSW Fair Trading or NCAT when necessary.

Need Help? Resources for Renters

If you need further assistance, reach out to these resources:

• NSW Fair Trading: Guidance on renting laws and tenant rights.
• NSW Civil and Administrative Tribunal (NCAT): Tribunal support for tenancy disputes.
• Tenants' Union of NSW: Legal advice and support for tenants.

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¹ NSW Fair Trading, https://www.fairtrading.nsw.gov.au

² Residential Tenancies Act 2010, https://www.legislation.nsw.gov.au

³ NSW Civil and Administrative Tribunal, https://www.ncat.nsw.gov.au

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