Legal Help for Rooming & Boarding Houses in NSW

Living in a rooming or boarding house in New South Wales comes with its own set of challenges and legal stipulations. Whether you're dealing with unexpected rent increases, eviction notices, or inadequate living conditions, understanding your rights and the legal recourses available is essential.

Your Rights in New South Wales

Under the Residential Tenancies Act 2010, residents of boarding houses in NSW have specific rights similar to those of typical tenants. These rights include:

• Being provided a written residential agreement
• Rights to certain standards of cleanliness and safety
• Appropriate notice periods for rent changes and eviction

While rooming and boarding house residents have similar protections, there are variances compared to general tenancy laws, particularly in facility-specific agreements.

Dealing with Rent Increases

Rent increases must be communicated through a written notice, typically at least 60 days in advance. If you believe a rent increase is unjustified, you can challenge it through the NSW Civil and Administrative Tribunal (NCAT), which is the body responsible for resolving disputes.

Addressing Unfair Evictions

If you face eviction without valid reason or proper notice, you can file a dispute with NCAT. Generally, a minimum of 14 days' notice is required for termination without grounds. Residents should always check their agreement for specific terms.

Requesting Necessary Repairs

Inadequate living conditions can seriously affect your wellbeing. NSW boarding house residents can use the Notice to Landlord for Repairs form to formally request needed repairs. Ensure you document all communication, as it will aid any potential tribunal cases.

Frequently Asked Questions

1. What should I do if my landlord refuses to fix something?
   Contact the landlord formally using the repair notice form. If unresponsive, contact NSW Fair Trading for advice, or lodge a dispute with NCAT.
2. Can I be evicted without notice?
   No, evictions must comply with the notice periods specified in the Residential Tenancies Act 2010 unless there is a breach of the agreement.
3. How can I challenge a rent increase?
   If you believe a rent increase is unjustified, gather evidence like past rent levels and market comparisons. Then, apply to NCAT to dispute the increase within 30 days of receiving the notice.

Need Help? Resources for Renters

• NSW Fair Trading - for guidance and forms
• Tenants' Union of NSW - for additional tenant resources and advocacy
• NCAT - to lodge a formal complaint or dispute

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1. Fair Trading Act 1987 (Cth) - Protects consumer rights across Australia.
2. Residential Tenancies Act 2010 - Governs rental agreements and tenant rights in NSW.
3. NSW Civil and Administrative Tribunal (NCAT) - Handles disputes between tenants and landlords.

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