Key information
- The first step in resolving any problem or complaint is to carefully read the terms of your residential tenancy agreement.
- It is best for the tenant and landlord or agent to try to resolve any issues between themselves.
- To help reduce further disputes and keep records and evidence if needed, tenants should make requests in writing, including the details of any agreement reached.
- If an agreement can’t be reached, tenants, landlords and agents have several options to resolve a dispute.
Repairs, maintenance or damage disputes
If a tenant or landlord is unable to resolve a dispute about repairs, maintenance or damage through NSW Fair Trading's tenancy and real estate complaint service, either party may be able to have the dispute investigated further.
Fair Trading can investigate whether:
- the landlord has breached their obligation to provide and maintain the property in a reasonable state of repair.
- the tenant has caused (or permitted) damage to the property and failed to satisfactorily repair the damage without a reasonable excuse.
Fair Trading will then decide whether to issue a landlord or tenant rectification order based on these investigations.
The NSW Civil and Administrative Tribunal (the Tribunal) can also make orders relating to repairs, maintenance or damage to the property.
A tenant is not responsible for property damage caused by domestic abuse if they are not the alleged perpetrator of the domestic abuse.
If there is a dispute about whether the damage was caused by domestic abuse, the Tribunal must consider evidence of domestic abuse and make an assessment on the civil standard of proof, known as the balance of probabilities. See Tenant protections for domestic violence and abuse in a rental property for more information.
Pet disputes
Landlords and agents cannot state in an advertisement that no pets are allowed at a rental property. If tenants see that a property is being advertised as ‘no pets allowed’, they can report this to Fair Trading's free tenancy complaint service for investigation.
If a landlord refuses a pet for a reason that is not applicable or a tenant believes the landlord has set an unreasonable condition for consent, they should first try and talk to their landlord or agent to resolve the dispute.
If the issue cannot be resolved, the tenant can apply to the Tribunal to challenge the reason for the refusal or the unreasonable condition.
Rental bond disputes
A claim for a rental bond can be submitted by either the tenant or the landlord or agent once the tenancy has ended, but only if the status of the bond is "HELD" in Rental Bonds Online.
If a tenant doesn't agree with a landlord's or agent's claim on their bond, the tenant should try to talk to their landlord or agent about what could be done to deal with the dispute and try to come to an agreement.
If they cannot come to an agreement, they need to apply to the Tribunal and notify NSW Rental Bonds, before the 'due for payment' date.
When a co-tenant moves out, they can ask the remaining co-tenants to repay their share of the rental bond. If the bond share is not repaid within 14 days, the former co-tenant may apply to the Tribunal for an order about how the bond should be paid between the co-tenants.
If you have left your tenancy because of domestic abuse, see Tenant protections for domestic violence and abuse in a rental property for information about getting your rental bond back.
Disputing the landlord’s reasons for termination
Tenants or landlords may dispute a termination notice if the notice was not given correctly, the reason for the notice was not genuine, or (for tenants) if the landlord has given false or misleading supporting documents.
Tenants may also use Fair Trading's free tenancy complaint service to make a complaint about a termination that is not genuine, false or misleading supporting documents, or a landlord renting a property during a reletting exclusion period.
A re-letting exclusion period is a set amount of time when a landlord is not allowed to enter into a new tenancy agreement after ending a previous agreement. Find out more about re-letting exclusion periods.
Getting help with resolving disputes
- If tenants, landlords and agents are unable to resolve a dispute about a tenancy agreement, they can use Fair Trading's free tenancy complaint service.
- Tenants' advice and advocacy services provide assistance and advocacy for all tenants, particularly social housing tenants or the vulnerable. To find your nearest Tenants Advice and Advocacy Service, visit www.tenants.org.au or call 1800 251 101.
- NSW electricity and gas customers, and some water customers, should go to the Energy & Water Ombudsman NSW for disputes about these utilities.
Resolving disputes through the Tribunal
The Tribunal is an independent body that hears and decides on applications for orders from tenants and landlords.
A landlord or tenant can apply directly to the Tribunal for orders relating to a residential tenancy instead of first making a complaint to Fair Trading, if they wish.
A landlord or tenant can decide to lodge an application with the Tribunal if:
- Fair Trading cannot find a solution mutually agreed to by both parties.
- A termination order is being sought.
- The complaint relates to a matter for which Fair Trading is not able to offer dispute resolution, such as a dispute relating to claiming a bond.
When to apply to the Tribunal
An application to the Tribunal must be lodged within a certain time limit. For most disputes you must apply within 28 days. This time limit starts from the day you become entitled to apply – this will usually be the day when the issue first happens.
Tenant
| Reasons for Tribunal application | Tribunal time limit | Time limit starts |
|---|---|---|
| Retaliatory eviction | 14 - 30 days | When termination notice is given to tenant |
| Excessive rent increase | 30 days | When notice of rent increase is given to the tenant |
| Non-compliant rent increase | 12 months | From the day rent is increased |
| Payment of the rental bond between co-tenants | 6 months | From the termination date in the termination notice |
Landlord
| Reasons for Tribunal application | Tribunal time limit | Time limit starts |
|---|---|---|
| Breach of agreement - challenging termination notice from tenant | 7 days | When the termination notice is given to the landlord |
| Suspend rectification order | 14 days | When rectification order is issued or amended |
| Termination order (to enforce a termination order) | 30 days | From the termination date in the termination notice |
Either landlord or tenant
| Reasons for Tribunal application | Tribunal time limit | Time limit starts |
|---|---|---|
| Challenge termination order | 3 months | From the day the termination notice is given, up until 3 months after the termination date |
| Resolve breach of agreement | 3 months | From the day the applicant became aware of the breach |
| Payment of the rental bond | 6 months | From the day the rental bond was paid out |
A landlord, tenant or other person may seek an extension from the Tribunal if the time limit has already passed.
If you have a tenancy dispute
Read the Tribunal's tenancy fact sheet and contact the Tribunal about tenancy disputes, including payment of the rental bond, rent increases, unpaid rent, termination of the tenancy agreement, compensation, repairs and other breaches of the residential tenancy agreement.