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Residential Tenancies in NSW | Go To Court Lawyers

December 3, 2019


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 For more information on resident
tenancy agreements, visit our website ww.gotocourt.com.au

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