In New South Wales (NSW) like in other states, tenants several legal protections and responsibilities. To avoid any hiccups in the renting process, familiarising yourself with tenants’ rights in NSW is crucial. In this guide, we’ll explore what you can and can’t do as a tenant in a residential tenancy dispute in NSW, including the ins and outs of lease agreements, repairs, and privacy.
Lease agreements and rent
When signing a residential tenancy agreement as prospective tenants, it’s crucial to carefully read and understand the terms of the agreement. Don’t be afraid to ask for clarification if there are any terms that you don’t fully understand.
The lease will address general items like the amount of rent and lease period but also specific cases like a notice to vacate where the lease states how much notice the landlord must give the tenant to move out.
And if you feel that certain terms are unreasonable or need adjustments, negotiate changes with your landlord or real estate agent before signing.
Paying rent
As a tenant, you’re responsible for paying rent on time, whether it is months rent or weeks rent. It’s important to be aware of the rent frequency, which is usually weekly, fortnightly, or monthly.
Always request a rent receipt and use the agreed-upon method of payment to avoid any disputes or misunderstandings.
Challenging rent increases
Rent increases can be a cause of concern for tenants. Keep in mind that they must adhere to legal requirements, such as the frequency of increases and the amount.
If you believe an increase is excessive, you can apply to the NSW Civil and Administrative Tribunal for a review. The administrative tribunal can guide you further. Similarly, there are also specific Victoria tenancy laws and appeal processes for other states in Australia.
Repairs and maintenance
When it comes to requesting repairs, it’s essential to distinguish between non-urgent and urgent repairs as a part of a renter’s rights. Non-urgent repairs might include fixing a broken window or repairing a leaky tap.
In contrast, urgent repairs involve issues that pose a safety risk or cause significant inconveniences, such as a broken heater in winter or a burst water pipe. Follow the appropriate process for requesting repairs, and remember that the landlord is responsible for most repairs, particularly those that impact the property’s safety or habitability.
Minor maintenance
As a tenant, you’re responsible for minor maintenance tasks, such as replacing light bulbs and keeping the property clean and in a reasonable state.
Taking care of these small tasks ensures that the property remains well-maintained and reduces the likelihood of disputes with your landlord.
Privacy and quiet enjoyment
As a tenant, you have a right to privacy. Landlords must provide proper notice before entering the property, usually at least seven days for routine inspections or immediate entry in emergencies.
They must also respect your right to privacy and quiet enjoyment, which means not interfering with your daily life or causing unnecessary disturbances.
Addressing disturbances
When dealing with disturbances, such as excessive noise or neighbour disputes, it’s important to address the issue calmly and diplomatically. If the problem persists or escalates, consider contacting the appropriate authorities for assistance.
Breaching the tenancy agreement
As a tenant, you cannot make unauthorised alterations to the property. This includes making alterations to the property, such as painting, installing fixtures, or making structural modifications, without the landlord’s consent.
If you want to make any changes, discuss them with your landlord and get their approval in writing before proceeding.
Subletting without consent
Subletting without the landlord’s consent is also not allowed. If you wish to sublet the property or bring in additional occupants, discuss the situation with your landlord and obtain their approval to avoid potential consequences, such as eviction or legal action.
When the landlord sells the property
Some, but not all landlords are interested in selling the property you’re renting. When a landlord decides to sell a property that is currently occupied by tenants, they must provide a written notice to vacate due to sale of property.
This notice informs the tenants about the impending sale and the need to vacate the premises within a specific timeframe. In most cases, a reasonable notice period is required, which typically ranges from 30 to 90 days, depending on the state’s residential tenancies act.
Ending the tenancy agreement early
Early termination notice without proper grounds can lead to penalties and financial consequences. Valid reasons for breaking a lease early may include domestic violence, landlord breaches, or being offered social housing.
If you don’t have a valid reason, you may be required to compensate the landlord or property owner for their losses in residential tenancies, such as re-advertising costs or rent until a new tenant moves in.
Who is responsible for pest control when renting in NSW?
Landlords are often responsible for keeping their properties reasonably clean, which includes taking measures to prevent the spread of pests.
However, if a pest infestation occurs due to the tenant’s actions, such as poor hygiene or leaving food out, the tenant may be responsible for the cost of pest control.
Can you rent a house at 16 in NSW?
While there is no legal minimum age to rent a house in NSW, it can be more challenging for someone under 18 to secure a rental property, that is, if the landlord intends to accept the rent.
This is because minors may have limited capacity to enter into legally binding contracts, including a fixed-term tenancy agreement. If you are under 18 and wish to rent a property, you may need a guarantor or co-signer to support your application.
Are you allowed to smoke in a rented house in NSW?
There are no specific laws prohibiting smoking in a rented house in NSW. However, the tenancy agreement may include a no-smoking clause, which tenants must follow. It’s essential to check your lease for any smoking restrictions and adhere to them.
Who pays water rates when renting in NSW?
Landlords are generally responsible for water rates in NSW. However, if the property has a separate water metre, tenants may be required to pay for water usage. This information should be included in the rental agreement, therefore reading it carefully is a must.
What about pool maintenance when renting in NSW?
The responsibility for pool maintenance when renting in NSW usually falls on the landlord. They’re accountable for making sure the pool is safe and well-maintained.
Tenants may, however, be tasked with routine maintenance, such as removing debris from the pool and checking the water level. Always check your tenancy agreement for specific pool maintenance responsibilities.
More on tentant’s rights
Can a landlord evict a tenant without notice in NSW?
A landlord can only evict a tenant without notice in extreme circumstances, such as if the tenant has intentionally or recklessly damaged the property, engaged in illegal activities, or poses a threat to the safety of others. Tenants union plays a role here.
If you don’t live in NSW, you should look up Victoria tenancy laws or the laws in whichever state you’re renting in to stay informed.
What are the minimum standards for rental properties in NSW?
Minimum standards for rental properties in NSW include adequate lighting, ventilation, insulation, privacy, and security measures, as well as compliance with building and health safety regulations. You can speak with real estate agents for further assistance.
Can tenants in NSW change the locks on their rental property?
Tenants in NSW can change the locks on their rental property with the landlord’s consent or in certain situations, such as after a final apprehended violence order has been issued. In either case, the tenant must provide the landlord with a new set of keys.
