We give you notice to vacate if your tenancy is to end. Finding a place to rent - applying for a tenancy - the tenancy agreement - the condition report - the bond - other fees and charges - keys - utilities and water - telephone connection - financial help. The only exception  is when you are experiencing domestic and family violence. We will visit your home with your permission and within the terms of your tenancy agreement. Changes to tenancy laws made by the NSW Government as a result of COVID-19 are entering into a transition period. Tenants NSW. Repairs are classified as either … TENANTS RIGHTS FACTSHEET 10 TENANTS RIGHTS FACTSHEET 10: Landlord ends tenancy agreement 2 NS W Department of Fair Trading, Review of Regulation of the NSW Retirement Villag e Industry - Final Report , August 1998. NCAT - Tenancy Division. Tenants’ Rights in NSW 1 1 NSW Department of Fair Trading, Report by the Tenancy Commissioner: review of tenanc y issues of concern to residents of NSW Caravan Parks and Manufactured Home Estates , February 1998. Under some circumstances, you are able to apply to the. Landlords will be able to terminate any tenant under standard provisions for arrears accrued after the moratorium measures end on 26 March 2021. Squatters occupy premises without the consent of the person who is legally in possession (typically the owner). If their actions or behaviour breach your tenancy agreement or the Residential Tenancies Act 2010, it could result in us ending your tenancy. As a tenant you have rights under the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019. When your landlord wants you to move out. If you are on a fixed-term tenancy, you need to give 14 days’ notice  you are moving, and 21 days if you are not on a fixed-term tenancy. If you are moving, you must notify us. Last published 29 Apr 2021. So, these are all the tenants’ rights as per the NSW Act, and you, the tenant, should be aware of them before going through with signing the agreement and paying the bond. Your home has adequate security and a working smoke alarm. The Tenants’ rights manual is produced by the Tenants’ Union of NSW especially for tenants and people who work with tenants – tenants’ advocates, community legal centre workers, and other community workers – on issues to do with renting. Landlords cannot evict the tenants without any reason. Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2010 (NSW) The information in this resource is intended as a guide to the law and should not be used as a substitute for legal advice; and applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia. If your landlord is selling the premises, there are rules they must follow in relation to accessing the premises, notice requirements, and what happens to your tenancy agreement. As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019. The Australian Capital Territory. In NSW a tenant may also be referred to as a renter. DCJ Housing expects tenants to comply with the terms of their tenancy agreement. You can end your tenancy immediately if you are in circumstances of domestic and family violence and are not the offender. NSW Tenant's Rights and Obligations Tenants have a number of rights owed to them by the landlord during the tenancy. Landlord ends tenancy agreement As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019. Published by Federation Press 2012. Everyone needs to work together to ensure the community is  peaceful. Tenants and DCJ Housing have to comply with the Residential Tenancies Act 2010. NSW Fair Trading - lodge a complaint. This factsheet summarises the law in NSW about repairs and maintenance for rented premises – including the obligations of landlord and tenant, and how to get repairs done, whether they are ‘urgent’ or ‘non-urgent’. We give you the required notice of a breach of your tenancy agreement. NSW Communities & Justice Housing and Homelessness. The party who is given the right to live in the property is referred to as a tenant. The Tenants' Rights Manual is free online at Find Legal Answers. Your tenancy agreement is a legal document that sets out the legal rights and responsibilities between you and Department of Communities and Justice (DCJ). If possible, take 3 copies of documents you want to use – one each for you, the landlord/agent and the Tribunal Member. 1. The main piece of legislation in this area is the Residential Tenancies Act 1987 (NSW). We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future. This renting life blog. LawAccess NSW is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in NSW. This means: DCJ properties are a scarce resource and we need to ensure we are providing them for people most in need. We make sure your home is reasonably clean when you move in and arranges for appropriate repairs and maintenance during your tenancy. You ensure your family and visitors behave appropriately. Tenants Advice and Advocacy Services provide free assistance to tenants of private rental housing, social housing tenants, boarders and lodgers, and residential park residents in NSW. The Act gives the NSW Civil and Administrative Tribunal (NCAT) power to hear and settle disputes about residential tenancies, including bond disputes. If your landlord is selling the premises, there are rules they must follow in relation to accessing the premises, notice requirements, and what happens to your tenancy agreement. We understand that the Tenants’ rights manual will be read by other persons – including landlords and real estate agents. We may apply to the NCAT if you have breached your tenancy agreement. Changing. We will refer child protection issues to the appropriate authorities. This factsheet summarises those rules. In this case, you end your tenancy immediately if you are not the offender. Having Issues Fixed In a Timely Manner Is a Right, Not a Privilege. Landlords and tenants have rights and responsibilities that guide what they can do during a tenancy. A guide to tenancy on agricultural land. Throughout, this manual refers to ‘you’, meaning you as a tenant. If you need to pay a rental bond, you must make your payments on time. For more information on the NCAT, please see our, If you believe we have made a wrong decision and the matter does not relate to the. This factsheet summarises the law in NSW about your right to privacy and the landlord’s right to enter the premises. If you are on a fixed-term tenancy, you need to give 14 days’ notice you are moving, and 21 days if you are not on a fixed-term tenancy. Only DCJ Housing and our contractors can repairs a smoke alarm. Select from the options below. Serving notice to tenants Details of the process of when and how to serve notice to a landlord/agent or tenant. Tenants have the right to refuse access to the landlords if the tenant has not been notified beforehand. You are treated fairly and respectfully in all decisions and dealings with us. An online service for tenants, agents and self-managing landlords. Rental bonds online. Tenants' rights factsheets. We will ensure your rights are respected. You treat all DCJ staff fairly and respectfully in all your dealings with us. You check with us that your pet is suitable for your home and make sure your pets are not a nuisance to neighbours. You meet all your payment responsibilities, including paying your rent and water usage charges on time, and charges from previous DCJ Housing tenancies. We explain DCJ-Housing policies and processes to you when necessary. We hope you find it useful. You have the right to enjoy your home peacefully. When you move out, ensure you leave the property as you found it and pay all outstanding charges. Your rights to privacy when renting and the amount of notice a landlord or agent must give to enter the property. Printed copies are preferable, as you may not be permitted to use mobile devices. You may also ask us to review the decision by filling in the online ‘Application for Review of Decisions’ form, available at your local DCJ office or on our website at: The Housing Appeals Committee (HAC) can do second tier appeals of decisions DCJ Housing and community housing providers make. You can ask for reviews through our appeals process and the Housing Appeals Committee. Property damaged but habitable. Please read our special conditions of entry before visiting us, Tenants' rights manual: a practical guide to renting in NSW. You cooperate with us if you need to be moved to different housing. Background. We hope these persons find it useful too – not least for gaining a tenant’s perspective on renting. The tenancy agreement you signed is a legal document that sets out the rights and responsibilities between a tenant and DCJ Housing. Termination notices by tenants - termination by the landlord - NSW Civil and Administrative Tribunal - evictions - mortgagee terminations - getting your bond back - goods left behind - residential tenancy databases. You notify DCJ as soon as possible if you need any repairs. Access and privacy - breach of agreement - health and safety - rent - repairs and maintenance - other issues. The scope and operation of this Act is discussed in Part 4.1, pages 12 to 16. Landlords may apply to the NSW Civil and Administrative Tribunal (the Tribunal) to seek compensation from the tenant for the costs involved if the work is not done to a satisfactory standard, or if the work is likely to adversely affect the landlord's ability to let the premises to other tenants if it isn’t corrected. www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019. The tenancy agreement gives a tenant the right to exclusive use and enjoyment of the described residential property in exchange for money paid to the landlord. Key legislation. Changes include the introduction of the NSW Civil and Administrative Tribunal (NCAT), which replaced the Consumer, Trader and Tenancy Tribunal (CTTT), and changes to the law dealing with public housing, boarding houses, and residential parks. We explain your tenancy to you, including how much rent you will pay and if you are eligible for a subsidy. At the end of the tenancy the tenant will be required to move out all belongings, clean the property, and repair any damage caused. The only exception is when you are experiencing domestic and family violence. pay the rent on time 2. keep the property reasonably clean and tidy 3. let the landlord know about any damage or repairs straight away 4. pay for their own outgoings eg, electricity, gas and internet 5. leave the property clean, tidy, and clear of rubbish and possessions You maintain a good community spirit by respecting your community’s right to peace. You look after the security of the property, including advising us if there are any issues with your smoke alarms. Material contained herein may be copied for the non-commercial purpose of study or research subject to the provisions of the Copyright Act 1969 (Cth). We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land. Being a DCJ Housing tenant means you are part of a larger community, living together with people and families from different backgrounds and cultures. Copies of this book are also available in the Tool Kit at your local public library. Tenants may be transferred by FACS Housing to meet a range of management purposes such as redevelopment or under-occupancy. For further information, please see the appeals and reviewing decisions factsheet at: facs.nsw.gov.au/housing/living/rights-responsibilities/appeals-and-reviewing-decisions. Seniors Rights Service. Australia.©Tenants’ Union of NSW TENANTS RIGHTS FACTSHEET 26: Asbestos and lead Applying for compensation You can apply for order/s that the landlord compensate you for ‘economic loss’ such as the destruction of or damage to your belongings. TENANTS RIGHTS FACTSHEET 11: NSW Civil and Administrative Tribunal What to take to the hearing The Tribunal member hearing your case will need evidence that supports your arguments. We’re here to support you in your tenancy. This is the website of the network of Tenants Advice and Advocacy Services in New South Wales. Ending a tenancy. The online version of the Tenants’ Rights Manual was updated in August 2016. And that’s because there’s a healthy amount of legislation specifically designed to protect the rights of the tenant in this situation – laws that differ slightly from state to state. You ask us for permission before making changes to your property. The transitional measures will end on 26 September 2021. If your tenancy is terminated by the NCAT, you comply with the orders, hand the keys back and leave the property as you found it. © Tenants' Union of NSW. Tenants rights in different states. We inform you of all decisions we make about your tenancy, including rent, reviews and applications for additional occupants, relocations and transfers. We all have to comply with the Residential Tenancies Act 2010. ‘an agreement under which a person grants to another person for value a right of occupation of residential premises You can call HAC on 1800 629 794 or visit. We hope you find it useful. You can raise any issues you have with your local DCJ office and through our client feedback system. Domestic and Family Violence Pets and Animal Welfare Support (DFV PAWS) Grant Program, Deliver services to children and families, Toggle sub navigation menu for Rights and responsibilities, Family & Community Services on facebook opens in new window, Family & Community Services on twitter opens in new window, Family & Community Services on youtube opens in new window, Family & Community Services on linkedin opens in new window, Changes to your tenancy: tenant factsheet, Privacy and personal information notification, facs.nsw.gov.au/housing/living/rights-responsibilities/appeals-and-reviewing-decisions, how to comply with your tenancy agreement, your rights and responsibilities as a tenant. The online version of the Tenants’ rights manual was updated in August 2016. Information for public library staff about the Find Legal Answers service. The landlord and tenant can agree to a rental reduction to compensate for the part of the property that cannot be used. Changes include the introduction of the NSW Civil and Administrative Tribunal (NCAT), which replaced the Consumer, Trader and Tenancy Tribunal (CTTT), and changes to the law dealing with public housing, boarding houses, and residential parks. The Tenants’ rights manual is produced by the Tenants’ Union of NSW especially for tenants and people who work with tenants – tenants’ advocates, community legal centre workers, and other community workers – on issues to do with renting. Any agreement should be put in writing. It’s perfectly reasonable to assume that the sale of a property might foreshadow changes for the tenant, but it often doesn’t play out that way. Increase rent during a lease. Legislation titles and abbreviations - about the Residential Tenancies Act 2010 - about renting - about the Tenants' Union of NSW. The Tenants’ Rights Manual is produced by the Tenants’ Union of NSW especially for tenants and people who work with tenants – tenants’ advocates, community legal centre workers, and other community workers – on issues to do with renting. Where possible, we will seek your consent first. Agricultural tenancy. You must be able to show that your loss was caused by the landlord’s failure to do repairs. During these conversations, everyone should act with goodwill and agree on a reasonable amount of rent reduction. This means: As a first step, you should contact your local DCJ office to discuss the problem. You tell us within 28 days about any change in your circumstances, such as employment, the number of people in your household and total income. The discussion focuses on landlord obligations to the tenant, tenant obligations to the landlord, tenant rights with respect to the property and the termination of tenancy. COVID-19 impacted tenants are also permanently protected from being listed on tenancy databases for arrears accrued during the moratorium period. You clean and maintain your property to a reasonable standard, including gardens, and ensure no damage is done (by you, your household members or visitors). Last published 21 Feb 2020. Tenancy Agreement FAQ - Australia-NSW A residential tenancy agreement is a legally binding contract made between a landlord and tenant. The temporary tenancy moratorium period which was introduced to restrict when landlords could evict tenants rental arrears as a result of COVID-19 ended on 26 March 2021. The Residential Tenancies Act 2010 sets out tenant rights and obligations in NSW in relation to ending a tenancy. Tenants’ rights differ from state to state, so it pays to look into the local rules and regulations. You cooperate with neighbours and, if possible, settle any disputes by talking with them. During a Tenancy Policy. This page helps both landlords and tenants understand their roles during the tenancy. We may enter your property in emergencies, to do urgent repairs, check smoke alarms and address health and safety issues. Throughout, this manual refers to ‘you’, meaning you as a tenant. Picture: Getty. The HAC website provides information on how to make appeals. Some ‘squats’ are relatively comfortable and well-organised (and may aim to make a political point about the short supply of affordable housing); others are not, and may be hazardous. Tenants NSW and NSW Fair Trading can also offer you independent advice and advocacy services if you need it. opens in new window. As the tenant, you are responsible for household members and any visitors to your home. View a full list of public library locations by clicking the link below. We give copies of all the documents you need for your tenancy. You can ask for an interpreter if you need one or ask for someone to act on your behalf (known as an advocate). Learn how our essential services will continue to operate as we respond ‘Together against COVID-19’. Your rights and responsibilities. As a tenant, you must personally occupy the premises, be responsible and look after your home. Often a landlord will appoint a real estate agency to manage the property. Tenants' Rights Manual by Chris Martin in association with the Tenants' Union of NSW. Everything you need to know before ending a tenancy agreement . You can keep pets as long as they are suitable for your home, and not a restricted breed, a nuisance to neighbours or health hazard. While we view breaches very seriously, we will always give you the chance to resolve a breach before we take action through the NCAT. what to do and who to contact if you believe DCJ has breached your tenancy agreement. Tenants can expect the Department of Communities and Justice - Housing ( DCJ Housing) to comply with the rights and obligations of a landlord under the Residential Tenancies Act 2010. A landlord can increase the rent during a fixed lease of less than two … View Your rights and responsibilities as single page. NSW Fair Trading, also offers an advisory service. Your rights as a tenant You are entitled to ‘reasonable peace, comfort and privacy’ in your use of the premises. They also have various obligations they must fulfil. The states definitely don’t see tenancy laws in the same way – here’s our state-by-state guide on what you need to know . NSW Fair Trading - rental bonds online. Chapter 10l: Squatters Squatters are not tenants. You can contact Fair Trading by calling 13 32 20. This factsheet summarises the law in NSW about what a landlord must do to end a tenancy agreement lawfully. As a tenant you have rights under the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019. This factsheet summarises those rules. In this case, you … Ending a tenancy. If you are moving, you must notify us. About the Tribunal - applying to the Tribunal - preparing for the Tribunal - at a Tribunal hearing - the Tribunal's decision - rehearings and appeals - enforcing Tribunal decisions. Please read our special conditions of entry before visiting us.
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