Tenancy disagreements arise over bonds, repairs, pets, or lease terminations. NSW tenants, landlords, and agents can use Fair Trading or the NSW Civil and Administrative Tribunal (Tribunal) to resolve disputes.
1.-Rental Bond Disputes
At tenancy end, tenants, landlords, or agents can lodge a bond claim via Rental Bonds Online when the bond status shows “HELD.”
Tenants disagreeing with a claim should attempt direct resolution. Failing that, they must apply to the Tribunal and notify NSW Rental Bonds before the “due for payment” date.
-Landlord or Agent Bond Claims
A landlord or agent may claim part or all of a tenant’s bond when the tenant:
- Owes unpaid rent.
- Breaks the lease early and a break fee applies.
- Leaves the property unclean compared with the start of the tenancy.
- Fails to return keys or other security devices, requiring lock replacement.
- Causes damage beyond fair wear and tear.
- Leaves unpaid water usage charges, if the landlord requested payment within three months of receiving the bill.
-Making a Claim Without Tenant Agreement
A landlord or agent may lodge a bond claim without tenant consent. They must provide the tenant with:
- A copy of the condition report completed at the end of the tenancy.
- Copies of estimates, quotes, invoices, or receipts supporting the claim.
These documents must be provided within seven days of submitting the claim.
2.-Repairs, Maintenance, or Damage
Disagreements about repairs, maintenance, or property damage may be investigated by Fair Trading.
Fair Trading assesses whether:
- A landlord failed to maintain the property in a reasonable state of repair.
- A tenant caused or allowed damage and did not repair it without reasonable excuse.
Fair Trading may issue a rectification order to the relevant party. The Tribunal can issue legally binding orders.
3.- Pet Disputes
Landlords and agents cannot advertise rental properties as “no pets allowed.” Tenants may report such ads to Fair Trading.
Tenants encountering unjustified pet refusals or unreasonable conditions should attempt direct resolution. Unsuccessful attempts can be taken to the Tribunal.
Before Applying for a Pet
Tenants in NSW may keep pets in a rental property only with the landlord’s consent. Assistance animals do not require consent.
Landlords may refuse consent only for specific reasons.
Tenants with a signed agreement who wish to keep a pet must submit a pet application form to the landlord. The landlord must respond using the same form.
When consent is granted, landlords may impose conditions for keeping the pet. Conditions must be reasonable.
Tenants with existing consent for a pet do not need to reapply.
4.-Disputing a Termination Notice
Tenants may dispute a termination notice under these circumstances:
- Incorrect issuance of the notice.
- Ungenuine reason.
- Use of false or misleading documents.
Complaints can also be lodged with Fair Trading regarding ungenuine terminations or breaches of the re-letting exclusion period.
Residential Tenancies Act 2010 – Section 111 Disputes About Termination
https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/rta2010207/s111.html
A landlord or tenant may apply to the Tribunal for an order when there is a dispute about a termination notice.
The Tribunal can decide:
- A declaration made under section 105C(2)(d) by a competent person cannot be reviewed. (See section 105F.)
- The rule about genuine reasons does not apply to notices given under section 105B.
- The Tribunal may make other orders in addition to the above.
- The Tribunal must refuse to issue a termination order if:
- The notice was not given correctly under the law, or The reason for termination is not genuine.
Help Services
NSW Fair Trading tenancy complaint service, free for tenants, landlords, and agents.Tenants’ Advice and Advocacy Services, guidance and advocacy for tenants, especially social housing tenants and vulnerable renters. www.tenants.org.au | 1800 251 101
Energy & Water Ombudsman NSW, disputes about electricity, gas, and certain water services.
Direct Tribunal Access
Applications to the Tribunal must be lodged within a set time. For most disputes, the deadline is 28 days.
The time starts on the day you become entitled to apply, usually the day the issue occurs.
The Tribunal hears tenancy matters directly when:
- Fair Trading cannot help parties reach agreement.
- Termination orders are sought.
- Disputes involve issues outside Fair Trading’s scope, such as rental bond claims.