Residential Tenancy Offences (NSW)

In New South Wales, residential leases are governed by the Residential Tenancies Act 2010 (RTA). That Act sets out the rights and responsibilities of tenants and lessors and the procedures to be followed when a dispute arises. It also contains criminal offences for which financial penalties and even terms of imprisonment may be imposed. This page deals with residential tenancy offences in New South Wales.

Local Court and Supreme Court

Offences under the RTA may be dealt with summarily in the Local Court of New South Wales, which may impose penalties of up to 50 penalty units. Proceedings for offences under the RTA may also be dealt with in the Supreme Court of New South Wales.

Both individuals and corporations may be found guilty of offences under the RTA.   

Unlawful rent increase

Under section 41, rent on a residential rental property may be increased only when the tenant has been given at least 60 days written notice of the increase and the rent has not been increased in the last 12 months.

If a landlord seeks to increase rent on a residential rental property under other circumstances, they commit an offence punishable by a fine of up to 20 penalty units.  

Right to quiet enjoyment

A landlord or agent must not interfere with a tenant’s right to quiet enjoyment of premises and must not interfere with the peace, comfort or privacy of the tenant while using the premises. A landlord or agent who does so commits an offence punishable by a fine of up to 10 penalty units.  

Repossession of property

Under section 121, a person must not enter premises to take possession of those premises before or after the end of a residential lease agreement unless:

• they are acting under a warrant by the tribunal or under a court order; or
• the tenant has abandoned the premises or given vacant possession of the premises.

This offence can attract a penalty of up to 200 penalty units.

False or misleading information

Under section 105H, a person who provides false or misleading information in relation to a domestic violence termination notice under the RTA is guilty of an offence. A person is also guilty of an offence is they give false or misleading information to another person for the purpose of the other person making a declaration in relation to a domestic violence termination notice.

This offence is punishable by a fine of 100 penalty units or imprisonment for up to two years.

Tenant fraud

The Housing Act 2001 contains offences for which a tenant’s rental agreement can be terminated under the Residential Tenancy Act 2010 if they are tenant living in public housing.

False or misleading statements

Under section 69 of the Housing Act 2001, it is an offence to give false or misleading information or to omit any matter when obtaining or claiming a benefit from the Department of Housing. This offence is punishable by a fine of up to 20 penalty units or by up to three months imprisonment.

Failure to notify of change

Under section 69A of the Housing Act 2001, it is an offence to fail to notify the appropriate body about a change of circumstances with the intention of reattaining or continuing to receive a benefit to which they are not entitled. This offence is punishable by a fine of up to 20 penalty units or by up to three months imprisonment.

If a tenant in a social housing tenancy agreement is found guilty of either of these offences, the tribunal must terminate their tenancy upon application by the landlord.

Who may be found liable?

Either an individual or a corporation may be found guilty of an offence under the RTA.

If a corporation commits an offence under the RTA, each person who is a director of the corporation or concerned with managing the corporation is taken to have committed the same offence and may be found guilty of the offence regardless of whether or not the corporation has been prosecuted for the offence.

A person may be found guilty of an offence under the RTA if they aided, abetted, counselled or procured the offence, or if they induced or were in any way involved in the offence.

Breaches of residential tenancy agreements

Under the RTA, there are many types of behaviour by tenants that amount to breaches of a residential tenancy agreement but are not criminal offences. These include:

• non-payment of rent or utilities by tenant
• serious damage to the premises or injury to the landlord or agent by the tenant
• use of premises by the tenant for illegal purposes
• threats or abuse of landlord by tenant or occupant.

Committing any of these breaches may lead to a tenancy being terminated.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.