Factsheet 12: Public tenants

As a tenant you have rights under the Residential Tenancies Act 1987 and the Residential Tenancies Regulation 2006. This fact sheet explains the law in NSW for tenants who rent from social housing providers.

What is 'social housing'?

'Social housing' providers include Housing NSW, the Aboriginal Housing Office, community housing organisations and housing co–operatives.

Your rights

Tenants in social housing have the same rights as other tenants under the Residential Tenancies Act, including the right to:

• be given a copy of your residential tenancy agreement, including a condition report, at the beginning of the tenancy
• quiet enjoyment and use of the premises
  
• reasonable security and locks
  
• have reasonable maintenance and repairs carried out
  
• have urgent repairs done and be paid back for urgent repairs arranged by you, up to $1000 if you
  
• meet certain conditions
  
• proper notice of ending the tenancy
  
• apply to the Consumer, Trader and Tenancy Tribunal when the landlord breaks your agreement
  
• a Tribunal hearing if the landlord wants you to leave.

Different rights for Housing NSW tenants

The Housing NSW does not have to follow some parts of the Residential Tenancies Act such as:

• they do not have to give rent receipts or keep rent records (although if the landlord claimed you were behind in the rent, they would have to give you copies of your rent records to prove this)
• f you’re receiving a rent rebate you can not appeal against a change in the amount of rent you have to pay at the Consumer, Trader and Tenancy Tribunal
• if you die or move out, other occupants living in the premises cannot apply to the Tribunal to be recognised as tenants: they have to get permission from the landlord to take over the tenancy
• the landlord does not have to give 60 days' notice of a rent increase, however written notice must be given.

If you are having problems

Repairs and maintenance

If you’re having problems with your premises, you should approach the office of the housing provider and let them know about the problem. Put your complaint in writing and keep a copy.

Housing NSW tenants can also call the Maintenance Line on 131 571 and log a complaint. It is important to keep a written record of the job number, time and date of your phone call. If this does not work, you can apply to the Consumer, Trader and Tenancy Tribunal for orders. Do not stop paying rent, as this gives the housing provider an excuse to evict you.

Neighbourhood disputes

Community Justice Centres can help resolve problems with neighbours. See the contact details at the end of this factsheet.

Domestic violence

Domestic violence is a criminal offence. If you are assaulted or abused by another resident of your premises, you can contact the police, and can seek advice about obtaining an Apprehended Violence Order (AVO) – see the Chamber Magistrate at your Local Court or a local community legal centre (www.clcnsw.org.au). You should also tell your landlord, as they may be able to rehouse you.

Rehousing

Contact your landlord if you need to move from your current premises for good reason which could include:

• you have a medical condition or disability
  
• you are at risk (for example physical violence)
  
• you are subject to harassment
  
• compassionate reasons
  
• change in household circumstances
  
• employment changes.

Generally you will need to fill out an application for rehousing. Also see ‘Housing Appeals Committee’ below for information about appealing a decision of the landlord.

Consumer, Trader and Tenancy Tribunal

The tribunal is the place where landlords and tenants can settle disputes. Also see Factsheet 11: Consumer, Trader and Tenancy Tribunal.

Eviction

Social housing providers have the same rights as private landlords to evict tenants who are in breach
of their agreement. The Residential Tenancies Act also gives social housing providers some extra powers to evict tenants (or their guests) who damage any property belonging to the provider, or who use the premises for drug–dealing. Once you have been evicted from social housing premises it can be extremely difficult to get another social housing tenancy.

If you’re facing eviction, contact your local Tenants’ Advice and Advocacy Service immediately.

Renewable tenancies

Housing NSW has introduced a new system of 'renewable tenancies' where tenants are placed on a series of fixed-term agreements. Contact Housing NSW for more details.

Housing Appeals Committee

There are some decisions that social housing providers make which cannot be dealt with by the Tribunal, including:

• applications for housing
• succession (taking over a tenancy from someone else)
• rehousing
• rental rebates.

If you disagree with a decision made by your landlord, you can appeal that decision through the landlord’s internal appeals process. Ask your landlord for written information about this process.

If you have followed the internal appeals process but are unsuccessful, you may be able to appeal to the Housing Appeals Committee (HAC). This is an independent committee consisting of a tenant representative, a health/welfare expert, a person of Aboriginal descent, a representative from a social housing organisation, and an independent Chairperson.

All Housing NSW tenants can apply to the HAC. Other social housing providers may also be covered by HAC – contact HAC to find out whether you can apply.

NSW Ombudsman

If you have problems with dovernment departments or their staff, you can make a complaint to the NSW Ombudsman (see the end of this fact sheet for details). Complaints should be made in writing.

Freedom of information

In NSW, the Freedom of Information Act 1989 gives people the right to:

• have access to information held by government
  
• departments about them
  
• request changes to records of a personal nature that are inaccurate
  
• appeal against a decision not to give them access to information or to change personal records.

This means that tenants of the Housing NSW have the right to request a copy of the file they have about them. It is free to view the file and it costs $20 to get a copy of the file, or $10 if you are a pensioner holding a health benefit card or can prove you have a low income.

There is some information which the Housing NSW does not have to show you, for example, the names of people who have complained about you.

Contacts

Housing Appeals Committee: phone 02 9715 7955, free call 1800 629 794

Office of the Ombudsman: 02 9286 1000, free call 1800 451 524

Community Justice Centres: 02 4925 0333, free call 1800 990 777 or TTY 1800 671 964

Updated: September 2006

Further help

Tenants NSW website: www.tenants.org.au
Tenants Hotline: 02 8117 3750 or 1800 251 101
Tenants Advice and Advocacy Services: see the Tenants NSW website or call the Tenants Hotline to find your local general or Aboriginal service Renting Services (NSW Office of Fair Trading): 133 220

Other factsheets

This is one of a series of factsheets on tenancy issues. Other factsheets are available from www.tenants.org.au/publish/factsheets/ or your local Tenants Advice and Advocacy Service.