Tenancy - Nsw Fair Trading

Topics: Real estate, Renting, Leasehold estate Pages: 8 (2563 words) Published: April 9, 2013
Living in a rental property means that a tenant has entered into a ‘residential tenancy agreement’ with a landlord.  The CTTT's Tenancy Division deals with disputes between landlords and tenants who have entered into such an agreement. Agreements can be between private landlords and private tenants.  The Residential Tenancies Act 2010 does not apply to hotels and motels, boarders and lodgers, protected tenancies, and commercial or retail tenancies. Residential tenancy agreements between social housing providers and tenants are dealt with in the Social Housing Division. Applications

Jurisdictional limits

To lodge an application in the Tenancy Division: 
* Lodge your application online
* Download a Tenancy Division application form (PDF size: 704kb) * Download a Termination and Possession based on non-payment of rent application form (PDF size: 683kb) * Download a Rental Bond application form (PDF size: 90kb) * Collect an application form in person from any CTTT Registry or Fair Trading Centre. After lodging your application with the CTTT, you can expect a first hearing within 3 weeks for matters concerning orders for termination, or within 4 weeks for all other matters. Top of page

Common disputes determined in this Division include:
* Termination of the residential tenancy agreement
* Rental bond
* Breaches of the agreement, for example rent arrears
* Rent increases
* Uncollected goods
* Recognising occupants as tenants.
Mortgagee repossessions
When a tenant is given notice to vacate by a mortgagee, they may apply to the CTTT to recover any rent paid in advance, or other fees and charges to occupy the premises paid during the notice period. Learn more about mortgagee repossessions.

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Jurisdictional limits
In the Tenancy Division, the CTTT has jurisdiction to determine applications up to $30,000 for rental bond matters and $15,000 in respect to any other matter. Top of page
Residential Tenancies Act 2010
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Related information:
* Residential Tenancies Act 2010 commences 31 January 2011 
Find out how the changes to tenancy laws affect tenancy and social housing applications. Tenancy reforms 
Watch NSW Fair Trading's video on the changes to tenancy laws.

Case regarding disputes in residential tenancies-

* Language barriers
* Migrants
* Reluctance to repair damages
* Behind in rent
* Problems in keeping bonds

Resolving issues - residential parks
From time to time disputes may arise between you and the park owner over matters such as park rules, rent, noise and repairs to name a few. Whenever possible it is best that you discuss the matter with the park owner first to see if the problem can be resolved. Resolving problems

Consumer, Trader and Tenancy Tribunal
Tribunal orders
Tribunal hearings
Breaches of the agreement
Attending hearings
Resolving problems
Often the best way to solve a problem between you and the park owner is to discuss it in person and try to come to a solution you both agree to. Before you do this it is best to know your rights. In particular, you should carefully read the terms of your agreement. If you are still unclear about them after reading the agreement and this information, you may get assistance from: * NSW Fair Trading, or

* your local Tenants’ Advice and Advocacy Service (TAAS). Top of page
Consumer, Trader and Tenancy Tribunal
The Consumer, Trader and Tenancy Tribunal (Tribunal) is an independent decision making body which hears and decides on applications for orders from both residents and park owners. The Tribunal hears matters in a quick, cheap and relatively informal way. During your hearing the Tribunal will try to get you and the park owner to settle your differences so that, if possible, you work out your own solution. If...
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