Recent Tribunal Cases on Compensation & Lease Breaches

In New South Wales, renter rights and landlord responsibilities are clearly set out in the Residential Tenancies Act 2010. Understanding recent tribunal cases can provide valuable insights for renters dealing with lease breaches or seeking compensation.

Understanding Tribunal Cases in New South Wales

What Are Common Lease Breaches?

Lease breaches occur when either the landlord or tenant fails to comply with their contractual obligations. Common breaches by landlords may include unauthorized entry to the property, failure to carry out repairs, or incorrect handling of rent payments.

Recent Tribunal Cases

Recent tribunal cases in New South Wales highlight various issues, such as landlords failing to provide habitable living conditions and tenants being wrongfully charged for repairs. These cases often result in compensation orders or lease adjustments. For example, in a recent decision by the NSW Civil and Administrative Tribunal (NCAT), a tenant was awarded compensation due to the landlord's refusal to fix a persistent plumbing issue.

When facing such issues, it's crucial for renters to know their rights and the proper steps to take. Ensure that any breach is documented with photos, receipts, or written communication.

How to Address Lease Breaches

Addressing lease breaches promptly is essential for all parties involved. Here are some steps you can take:

• Notify the Landlord: As a tenant, you should always inform your landlord in writing about the breach and request a remedy.
• Seek Resolution: Try to resolve the issue directly with the landlord. This might involve negotiation, where both parties reach a satisfactory agreement.
• Apply to the Tribunal: If no resolution is reached, tenants can apply to the NCAT. This step involves filling out the NSW Application for a Residential Tenancy Dispute form.

Timely action and documentation are key when addressing lease breaches. Keep all records accessible should a tribunal application be necessary.

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