What is the residential tenancies act?

The residential tenancies act is a major piece of legislation in New South Wales which regulates the operation of the law of residential tenancies in New South Wales. Many of the disputes which arise around residential tenancy is are eventually litigated in relation to the terms of this act and the outcome of litigation is often determined by the application of this act to the factual circumstances surrounding the case.

What does the residential tenancies act contain?

Briefly, this act contains the terms of the law relating to residential tenancy agreements, including what format to be in, who is to pay the costs of their preparation and what types of an executed residential tenancy agreements are enforceable. are also a number of provisions relating to the relationship between landlords and tenants including the obligation of the landlord to give the tenant a copy of the residential tenancy agreement, the obligation to pay rent of the tenant, the obligation the landlord to pay council and water rates as well as land tax, the tenants right to quiet enjoyment and obligation and the uses for which a tenant may use a property. It is a necessary term of the legislation that tenants are not to use the property for any illegal purpose, including drug trafficking, causing negligent damage to the property or to the neighbour’s property, to cause a nuisance, or to interfere with a reasonable piece comfort or privacy of any neighbour of the tenant.

The legislation also contains the right of access to residential premises by landlords, the responsibility for cleanliness of both landlords and tenants and provisions relating to locks, smoke alarms, and the rights to assign or sublet as well as a provision relating to the process of attornment. Part four of the legislation deals with rents and in particular rent increases as well as excessive rents. Part five of the act governs the process of terminating a tenancy by way of notice. it should also be noted that there are a number of special provisions in this act relating to social housing tenancy agreements, because social housing is often given at highly discounted rates to persons on low income and access to social housing is often means tested stringently.

The act goes on to deal with a number of other matters including the recovery of possession of residential premises, abandoned premises in goods and the termination of residential tenancy agreements by the tribunal. Any dispute under the act is generally dealt with by the consumer trader and tenancy Tribunal also known as the CTTT. If you have any questions about this piece of legislation for about a landlord tenant issue in general, we would be more to assist you with this enquiry and you can contact us using any of the methods available on this website, such as online chat up on the telephone, e-mail, or even in person at our office.