Residential Tenancies in NSW | Go To Court Lawyers
Summary
TLDRThe video script outlines the framework of residential tenancy agreements in New South Wales, governed by the Residential Tenancies Act 2010, detailing the rights and obligations of landlords and tenants. It explains the dispute resolution process through the NSW Civil and Administrative Tribunal, which includes lodging complaints, voluntary conciliation, and hearings for disputes up to $30,000. The script also clarifies that certain tenancy types are exempt from the Act and directs viewers to a website for more information.
Takeaways
- 🏠 Most residential tenancy agreements in New South Wales are governed by the Residential Tenancies Act 2010, which defines the rights and obligations of landlords and tenants.
- 👨⚖️ Disputes under the Act were previously handled by the Consumer, Trader and Tenancy Tribunal, but since January 2014, they are managed by the NSW Civil and Administrative Tribunal.
- 📄 There are forms available for lodging complaints with the tribunal, which is the current body for hearing residential tenancy disputes.
- 🤝 NSW Fair Trading also offers a tenancy complaint service, which is a voluntary process for landlords and tenants to lodge complaints.
- 📝 The Residential Tenancies Act 2010 imposes specific obligations on both tenants, such as paying rent, and landlords, such as maintaining the property in good repair.
- 🚫 Some tenancy agreements are exempt from the Act and have different dispute resolution mechanisms, including tenancies under a mortgage, boarder or lodger arrangements, and retirement village contracts.
- 💰 The Tribunal has jurisdiction over disputes with a value up to $15,000 or $30,000 for rental bond disputes; more expensive disputes are handled by the court.
- 📅 Once a dispute is lodged, the Tribunal sends out a notice of hearing to both parties, detailing the time and reason for the hearing.
- 🤝 The Tribunal encourages parties to participate in a confidential conciliation process before a formal hearing takes place.
- 👂 If conciliation fails, a Tribunal member will hear the dispute, allowing both parties to present their case.
- 📝 Parties giving evidence at the hearing may be required to take an oath or affirmation.
- ⏏️ Dissatisfied parties can request an internal appeal of the Tribunal's decision, including on questions of law.
Q & A
What is the primary legislation governing residential tenancy agreements in New South Wales?
-The primary legislation is the Residential Tenancies Act 2010, which sets out the rights and obligations of both landlords and tenants in relation to their tenancy arrangements.
Which tribunal was responsible for hearing disputes under the Residential Tenancies Act 2010 before January 2014?
-Disputes were heard by the Consumer, Trader and Tenancy Tribunal before it became a part of the NSW Civil and Administrative Tribunal in January 2014.
What is the current tribunal that hears all residential tenancy disputes in New South Wales?
-The NSW Civil and Administrative Tribunal is the current tribunal that hears all residential tenancy disputes.
How can a party lodge a complaint with the tribunal regarding a residential tenancy dispute?
-A party can lodge a complaint using the forms provided on the tribunal's website or through the tenancy complaint service operated by NSW Fair Trading.
What is the difference between the tenancy complaint service and the formal tribunal process?
-The tenancy complaint service is a voluntary process operated by NSW Fair Trading, whereas the tribunal process is a formal legal procedure for resolving disputes.
What are some of the obligations placed on tenants and landlords by the Residential Tenancies Act 2010?
-Tenants have the obligation to pay rent, while landlords have the obligation to keep the premises in good repair.
What types of residential tenancy agreements are not covered by the Residential Tenancies Act 2010?
-Agreements not covered include tenancies under a mortgage, if the tenant is a boarder or lodger, tenancies relating to part of a hotel or motel, and residence contracts under the Retirement Villages Act 1999.
What is the jurisdictional limit of the Tribunal for hearing residential tenancy disputes?
-The Tribunal has jurisdiction to hear disputes with a value of up to $15,000 or $30,000 for rental bond disputes.
What happens after a dispute is lodged with the Tribunal?
-The Tribunal sends out a notice of hearing to both parties, explaining when the hearing will be and the reasons for it.
What is the purpose of the confidential conciliation process encouraged by the Tribunal before a hearing?
-The purpose is to encourage parties to resolve their dispute amicably without proceeding to a formal hearing.
What options are available to a party if they are unhappy with the Tribunal's decision?
-A party can request an internal appeal of the decision, including on questions of law.
Where can one find more information on residential tenancy agreements in New South Wales?
-More information can be found on the website www.gotocourt.com.au.
Outlines
🏠 NSW Residential Tenancy Agreements Overview
This paragraph introduces the framework of residential tenancy agreements in New South Wales, governed by the Residential Tenancies Act 2010, which, along with common law, establishes the rights and obligations for both landlords and tenants. It mentions the tribunal responsible for hearing disputes, which transitioned from the Consumer, Trader and Tenancy Tribunal to the NSW Civil and Administrative Tribunal in 2014. The paragraph also provides information on lodging complaints, the voluntary tenancy complaint service operated by NSW Fair Trading, and the types of tenancy agreements covered by the Act. It clarifies that certain tenancies, such as those under a mortgage, boarder or lodger arrangements, or retirement village contracts, are not covered by the Act and have different dispute resolution mechanisms.
Mindmap
Keywords
💡Residential Tenancy Agreements
💡Residential Tenancies Act 2010
💡Consumer, Trader and Tenancy Tribunal
💡NSW Civil and Administrative Tribunal
💡Tenancy Complaints
💡NSW Fair Trading
💡Rental Bond Disputes
💡Jurisdiction
💡Confidential Conciliation Process
💡Tribunal Member
💡Internal Appeal
💡ww.gotocourt.com.au
Highlights
Residential tenancy agreements in New South Wales are governed by the Residential Tenancies Act 2010 and common law.
Disputes under the Act were heard by the Consumer, Trader and Tenancy Tribunal until its integration into the NSW Civil and Administrative Tribunal in January 2014.
The NSW Civil and Administrative Tribunal now hears all residential tenancy disputes.
Forms for lodging complaints with the tribunal are available online.
NSW Fair Trading operates a voluntary tenancy complaint service for landlords and tenants.
The Residential Tenancies Act 2010 outlines the rights and obligations of landlords and tenants regarding tenancy agreements.
Tenants are obligated to pay rent, and landlords are obligated to maintain the premises in good repair.
A residential tenancy agreement grants the tenant the right to occupy the premises as a residence.
Certain tenancy agreements are not covered by the Act and have different dispute resolution mechanisms.
Uncovered tenancy types include those under a mortgage, boarder or lodger arrangements, and part of a hotel or motel.
The Tribunal has jurisdiction over disputes valued at $15,000 or $30,000 for rental bond disputes.
Disputes of higher value must be brought before a court.
The Tribunal sends out a notice of hearing to both parties once a dispute is lodged.
Parties are encouraged to participate in a confidential conciliation process before the hearing.
If conciliation fails, a Tribunal member will hear the dispute and allow both parties to explain their case.
Parties giving evidence may be required to take an oath or affirmation.
Unhappy parties can request an internal appeal of the Tribunal's decision, including on questions of law.
More information on residential tenancy agreements can be found on the provided website.
Transcripts
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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