Resolve Tenancy Agreement Disputes in NSW

If you are a renter in New South Wales, understanding how to handle tenancy agreements and renewals is crucial, particularly if disputes arise. By being proactive, you can navigate these challenges effectively and protect your rights.

Understanding Tenancy Agreements and Renewals in NSW

In New South Wales, tenancy agreements are governed by the Residential Tenancies Act 2010¹. This legislation outlines the rights and responsibilities of both tenants and landlords. When your tenancy agreement approaches its end date, landlords may offer a renewal under new terms, which can sometimes lead to disagreements.

Common Disputes in Tenancy Agreements

• Rent increases not aligned with market rates or notice periods.
• Disagreements over the condition of the rental property.
• Changes in terms and conditions upon renewal.

Handling Disputes Effectively

If you face a dispute, the first step is to communicate with your landlord. Open dialogue can often resolve issues amicably. If communication fails, you may need to take further action.

Formal Dispute Resolution

NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal (NCAT) is the key body for resolving tenancy disputes in NSW. If a resolution cannot be reached informally, filing an application with NCAT may be necessary. Be sure to document all communications and gather relevant evidence before proceeding.

Relevant Forms

NCAT Application Form

To initiate proceedings, fill out an NCAT Application Form. This form details your complaint and any evidence you wish to present. Imagine if your landlord proposes an exorbitant rent increase; you can use this form to contest it formally.

Know Your Rights

Tenants in NSW are protected under the Fair Trading Act 1987². This Act ensures fair market practices and can assist when disputes relate to misleading conduct or unfair practices.

1. What should I do if my rent increases suddenly?

   Check if the increase follows the notice period stipulated in your agreement. Communicate with your landlord, and if unresolved, consider applying to NCAT.

2. Can I refuse to sign a new tenancy agreement?

   You are not obligated to sign a new agreement if it introduces unreasonable terms. Seek advice if the landlord pressures you.

3. What if my landlord refuses to renew my lease?

   If your lease ends and the landlord does not offer renewal, you may consider negotiating. However, landlords can choose not to renew without reason.

1. How to file a dispute with NCAT in NSW
   1. Click to complete the NCAT application form from the NCAT website.
   2. Submit the form along with any supporting evidence.
   3. Pay the required fee and await hearing scheduling.

Need Help? Resources for Renters

• Tenants' Union of NSW - Offers advice and advocacy for renters.
• NSW Fair Trading - Provides resources and guidelines on tenancy laws.
• LawAccess NSW - Legal assistance for NSW residents.

---

1. Residential Tenancies Act 2010, Section 6 - Contractual terms.
2. Fair Trading Act 1987, Section 25 - Trade practices and consumer protection.

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