Landlord and Tenant Act 1948 – news and analysis

Changes to the law for 'protected tenants'

Protected tenant's roof
The leaking roof over the home of a 93-year-old protected tenant.
From 1 July 2019 the law regarding ‘protected tenants’ changed. They previously were covered under the provisions of the Landlord and Tenant (Amendment) Act 1948. No-one knows how many protected tenancies remain, but in 2019 their number is small. Some five years ago we estimated that there were 400 to 600 protected tenancies across New South Wales. Today their numbers probably have halved.
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'Protected tenants' infosheet

Leaking roof
The leaking roof over the home of a 93-year-old protected tenant.
A small number of tenants of residential premises across New South Wales live in premises covered by the former Landlord and Tenant (Amendment) Act 1948 (‘1948 Act’). They are known as ‘protected tenants’. Unlike most tenants, they are not covered under the main provisions of the Residential Tenancies Act 2010 ('2010 Act') because of Section 7(a) of that Act.
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It's tough being a 'protected tenant'

Broken roof
A succession of landlords all flatly refused to do repairs on this protected premises. Water had been pouring through the ceiling just inside the front door for months.
We spoke with John, a protected tenant who has been living in his home in Randwick since 1978. We asked him about his experience in a protected tenancy and the ongoing issues he has faced around repairs. Recently the original landlord who John had entered into his tenancy with sold the building. The new owner tried unsuccessfully to evict John. John attributes his success in fighting the eviction in large part to the excellent support he received from a local tenant advocate from the Eastern Area Tenants Advice Service.
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