The Residential Tenancies Act 2010 places rights and obligations on both landlords and tenants in respect of residential tenancies in NSW (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.
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
when it became a part of the NSW 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
NSW 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 our residential tenancy agreements
The Residential Tenancies Act 2010 places rights and obligations
on both landlords and tenants in respect to the residential tenancy agreements
for example a tenant’s obligation to pay rent and landlords 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 tendencies 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 Acts 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 the value of $15,000 or $30,000 for rental bond disputes.
More expensive disputes must be brought before 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 the party wants to give evidence, there 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
