English Introduction

Your rights as a tenant in New South Wales

Tenants in New South Wales have rights. The Residential Tenancies Act is the law which sets out the rights and responsibilities you have as a tenant. This law also covers the Consumer, Trader and Tenancy Tribunal, which hears disputes between landlords and tenants.

Moving in

Your rights:

•    to be given a copy of the residential tenancy agreement which is a standard form of agreement that all landlords must use. This agreement is a legally binding contract
•    to be given a condition report filled out by the landlord. The condition report is part of the residential tenancy agreement
•    to have any bond you pay to your landlord lodged with NSW Fair Trading
•    to be given your place in a clean and reasonable condition.

Remember your responsibilities:

to give the landlord a copy of the condition report with your comments within 7 days of the start of the agreement. The condition report is important evidence if there is a dispute over the bond at the end of the agreement.

During your tenancy

Your rights:

•    to be given rent receipts unless you pay into a bank account
•    to have exclusive use and quiet enjoyment of the premises
•    to have reasonable security
•    to have necessary repairs carried out in a reasonable time
•    to have proper notice when the landlord wants to visit. You should get 2 days notice for access to do repairs unless they are urgent repairs and 7 days notice before an inspection
•    to be given 60 days written notice of a rent increase. You can challenge a rent increase but you must apply to the Consumer, Trader and Tenancy Tribunal within 30 days of receiving the notice.

Remember your responsibilities:

•    to pay rent on time
•    to care for the premises
•    to report the need for any repairs or maintenance
•    not to alter or make additions without the landlord’s written permission
•    not to change any locks without the landlord’s written permission
•    not to interfere with the peace, comfort or privacy of neighbours
•    not to use the premises for illegal purposes
•    to ask the landlord’s written permission before you let someone else move in as a tenant.

Leaving

Your rights:

to be given correct written notice of termination. Your landlord must give you 14 days notice if you have not kept to the terms of the agreement or are 14 days behind with the rent. If your agreement ends on a specified date your landlord must also give you 14 days notice before that date if they want you to leave. After that date 60 days notice is needed to terminate the agreement.

Remember your responsibilities:

•    to give correct notice when you leave. To end the agreement at the end of the fixed term you must give 14 days notice in writing. Twenty-one days notice in writing is needed to end a continuing agreement
•    to leave the premises in the same condition as when you rented them, except for normal wear and tear.

The Consumer, Trader and Tenancy Tribunal

The tribunal hears disputes between landlords and tenants. If you and your landlord cannot come to an agreement, apply to the tribunal for an order to enforce your rights. The tribunal will make decisions about your case according to law.

Your landlord cannot evict you. Only the tribunal can.

Tips

Start by reading your residential tenancy agreement. Get some help if you cannot understand it.

Tell your landlord, or the landlord’s agent, about any problems and tell them what you want. You should confirm anything you say or agree to in writing and send your landlord a copy. Remember that the agent works for the landlord.

Keep a written record of what happens between you and your landlord or their agent, including what each of you said and when. Keep copies of your:

•    residential tenancy agreement
•    condition report
•    receipts for rent and bond money
•    letters and written records.

Never sign a blank form or any papers you don’t understand.

If you receive notice of a tribunal hearing you should always attend.

Remember that if you stop paying rent you can be asked to leave. Rent strikes do not work.

For more help

Contact your local Tenants Advice and Advocacy Service. Workers will be happy to call you back if you are making a long distance call.

If you need an interpreter phone 131 450.

© Tenants' Union of NSW. May 2010