Residential Tenancies in New South Wales

Transcript

The majority of residential tenancy agreements in New South Wales are subject to the terms of the Residential Tenancies Act 2010, which sets out, together with the common law, the rights and obligations of both landlords and tenants in relation to their tenancy arrangements. Disputes under the Residential Tenancies Act 2010 were heard by a specialist tribunal called the Consumer, Trader and Tenancy Tribunal until January 2014.

Then it became a part of the New South Wales Civil and Administrative Tribunal, the tribunal, which now hears all residential tenancy disputes. You can use the forms located here if you need to lodge a complaint with the tribunal. New South Wales Fair Trading also operates a tenancy complaint service, which both landlords and tenants can lodge complaints within certain circumstances, but this is a voluntary process. What are residential tenancy agreements?

The Residential Tenancies Act 2010 places rights and obligations on both landlords and tenants in respect of the residential tenancy agreements. For example, a tenant's obligation to pay rent and a landlord's obligation to keep the premises in good repair. A residential tenancy agreement means an agreement under which a tenant is given the right to occupy residential premises for use as a residence. However, certain residential tenancy agreements are not covered by the Act and therefore have different dispute resolution mechanisms.

These include, but are not limited to, tenancies under a mortgage. If the tenant is a boarder or lodger, tenancies relating to part of a hotel or motel or a residence contracts under the Retirement Villages Act 1999. The following discussion does not apply to these kinds of tenancy arrangements. How does the tribunal work? The tribunal has jurisdiction to hear residential tenancy disputes with a value of $15,000 or $30,000 for rental bond disputes.

More expensive disputes must be brought before a court. Once a dispute is lodged by a landlord or tenant, the tribunal will send out a notice of hearing to both parties, which explains when the hearing will be and why it is being held. Before conducting a hearing into a dispute, it will encourage the parties to take part in a confidential conciliation process. If this fails, a tribunal member will hear the dispute and give both parties the opportunities to explain their case.

The tribunal member will explain to you the order of events at the hearing itself. If a party wants to give evidence, they will usually be required to take an oath or affirmation. If a party is unhappy with the tribunal's decision, it can request an internal appeal of the decision, including on questions of law. For more information on resident tenancy agreements, visit our website, gotocourt.com.au.