Residential Tenancies in NSW | Go To Court Lawyers

Summary

The 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.