Residential Tenancies in NSW | Go To Court Lawyers

Go To Court Lawyers

1 Jul 201503:09

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

00:00

🏠 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 tenancy agreements are legal contracts between landlords and tenants that outline the terms of the tenancy. In the video, it is mentioned that these agreements in New South Wales are governed by the Residential Tenancies Act 2010, emphasizing the rights and obligations of both parties, such as the tenant's obligation to pay rent and the landlord's obligation to maintain the property.

💡Residential Tenancies Act 2010

This is a piece of legislation in New South Wales that sets the legal framework for the rights and responsibilities of landlords and tenants. The Act is central to the video's theme as it provides the foundation for the discussion on tenancy disputes and the resolution process.

💡Consumer, Trader and Tenancy Tribunal

The Consumer, Trader and Tenancy Tribunal was a specialist tribunal in New South Wales that used to hear disputes under the Residential Tenancies Act 2010. The video mentions its role until January 2014, illustrating the historical context of tenancy dispute resolution in the region.

💡NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal is the current body that hears all residential tenancy disputes in New South Wales, as mentioned in the video. It took over the role of the Consumer, Trader and Tenancy Tribunal, becoming the key forum for resolving tenancy issues.

💡Tenancy Complaints

The video discusses the process for lodging tenancy complaints with the tribunal or NSW Fair Trading. This is a crucial aspect of the video's content, as it provides information on how disputes can be initiated and addressed within the tenancy framework.

💡NSW Fair Trading

NSW Fair Trading is mentioned in the video as an organization that operates a tenancy complaint service. It serves as an additional resource for landlords and tenants to resolve disputes in certain circumstances, highlighting an alternative to the formal tribunal process.

💡Rental Bond Disputes

The video specifies that the Tribunal has jurisdiction to hear disputes involving rental bonds, with a value limit of $15,000 or $30,000. Rental bond disputes are a significant part of the tenancy agreements and are subject to specific resolution mechanisms as outlined in the script.

💡Jurisdiction

Jurisdiction refers to the legal authority of the Tribunal to hear and make decisions on certain types of cases. In the context of the video, the Tribunal's jurisdiction is limited to disputes of a certain value, with more expensive disputes requiring court intervention.

💡Confidential Conciliation Process

The video describes a confidential conciliation process encouraged by the Tribunal before conducting a formal hearing. This process is part of the dispute resolution mechanism aimed at facilitating a resolution between parties without the need for a formal hearing.

💡Tribunal Member

A Tribunal member is an individual who presides over the hearing of a dispute, as mentioned in the video. They are responsible for facilitating the hearing, explaining the order of events, and ultimately making a decision on the dispute.

💡Internal Appeal

The video mentions the possibility of an internal appeal against the Tribunal's decision, including on questions of law. This provides a mechanism for parties who are dissatisfied with the outcome of their case to seek a review of the decision.

💡ww.gotocourt.com.au

This is the website provided in the video for more information on residential tenancy agreements. It serves as a resource for viewers seeking further details or guidance on tenancy matters beyond what is covered in the video.

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.