Rights to Compensation for Lease Breaches in NSW

As a renter in New South Wales, it's vital to understand your rights when it comes to compensation and lease breaches. Whether you're facing issues like an unwarranted rent increase, needed repairs, or even eviction, knowing your entitled compensation under the Residential Tenancies Act 2010 empowers you to take informed action.

Your Rights as a Renter in NSW

Under the Residential Tenancies Act 2010, renters have the right to a safe and liveable environment. Breaches such as failure to repair or maintain property conditions can entitle you to compensation or rent reduction.

Understanding Lease Breaches

• Lack of Repairs: Landlords must keep the property in good repair. Failure to do so, especially after being notified, constitutes a breach.
• Unauthorized Rent Increases: Rent can only be increased if stipulated in the rental agreement and with proper notice.
• Unlawful Entry: Landlords must provide notice before entering the property.

Claiming Compensation

If you've experienced a lease breach, you may be entitled to compensation. This involves demonstrating the breach and any financial or personal impact it has caused.

Steps to Take

1. Document Everything: Keep records of all communication and issues.
2. Issue a Notice: Formally inform the landlord using a breach or repair notice.
3. Apply to Tribunal: If unresolved, you can take the matter to the NSW Civil and Administrative Tribunal (NCAT) for resolution.

Need Help? Resources for Renters

If you're seeking guidance, the following resources can be invaluable:

• Tenants' Union of NSW: Advice and support for renters.
• NSW Fair Trading: For disputes and complaints handling.
• Community Legal Centres NSW: Free legal assistance to renters.

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1. What constitutes a breach of lease?

   A breach of lease occurs when either the landlord's responsibilities are not met or when a tenant violates terms of the rental agreement.

2. How can I seek compensation for a lease breach?

   Document the issue, notify your landlord, and apply to the tribunal if the issue remains unresolved.

3. Can my landlord increase rent without notice?

   No. Rent increases must adhere to the rental agreement and proper notice given.

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