Understanding Your Rights as a Tenant or Landlord in NSW

New South Wales law governs the relationship between tenants and landlords and outlines both parties’ rights and responsibilities. Whether you are a tenant seeking a safe and comfortable home or a landlord aiming to protect your investment, understanding your rights and responsibilities is paramount.

Our property disputes lawyers at Szabo & Associates Solicitors will explore the key rights of tenants and landlords in NSW so you can protect your interests and avoid disputes.

Tenant Rights in NSW

As a tenant in NSW, the Residential Tenancies Act 2010 provides several key rights that protect you from unfair treatment and ensure safe and reasonable living conditions.

Right to a Habitable Property

Your landlord must ensure that the property is in a reasonable condition and safe to live in by maintaining its plumbing, electricity, and structural integrity. If something breaks down or becomes unsafe, they must address the issue promptly.

Right to Privacy

You have the right to privacy, meaning that landlords cannot enter the property without giving proper notice. Generally, they must provide at least seven days’ written notice before entering the property for inspections and two days’ notice for repairs.

Protection Against Unlawful Eviction

You cannot be evicted without following the proper legal process. This means a landlord cannot force you to leave the property without providing at least 14 days’ notice and obtaining a tribunal order if you refuse to vacate.

Right to Fair Rent

You are entitled to fair and transparent rent reviews. Landlords cannot increase rent more than once a year unless specified in the rental agreement, and they must provide written notice of a rent increase at least 60 days in advance.

Landlord Rights in NSW

As a landlord, the Residential Tenancies Act 2010 equally protects your rights, ensuring you can manage your property and rental agreements effectively. Here are some of the key rights you have:

Right to Receive Rent

You have the right to receive the rent on time, as the rental agreement specifies. If the tenant fails to pay rent, you can issue a notice for non-payment and take legal action to recover the rent owed.

Right to Peaceful Enjoyment of the Property

You are entitled to have tenants who respect the property and comply with the lease’s terms. If a tenant causes damage or engages in disruptive behavior, you can issue a notice to remedy the situation or take legal action to terminate the tenancy.

Right to Evict Tenants for Valid Reasons

While you cannot evict tenants without due process, you can terminate a lease under certain conditions, such as if the tenant fails to pay rent, breaches the tenancy agreement, or if you need the property for personal use or renovations. You must follow legal procedures for eviction, including providing the appropriate notice.

Right to Rent Review

You can review the rent in accordance with the rental agreement. If you intend to increase the rent, you must provide tenants with at least 60 days’ notice.

Resolving Disputes

If landlords and tenants cannot resolve a conflict directly, both parties can apply to the NSW Civil and Administrative Tribunal (NCAT) for a resolution. NCAT provides an impartial and accessible forum for resolving tenancy disputes.

Szabo & Associates Solicitors Can Protect Your Rights

Understanding your rights as a tenant or landlord in NSW is crucial to maintaining a friendly and legally compliant rental relationship. Being aware of the legal framework that governs the rental market and seeking professional advice from our property disputes lawyers if you find yourself in a dispute can protect your interests and avoid costly legal issues.