FAQ - Renters
What is the Residential Tenancies Act?
The Residential Tenancies Act 2010 is an act of the NSW Government to regulate the relationship of owners and tenants.
What is the agreement to take residential premises?
This is a standard agreement prepared by the REINSW whereby the owner agrees to allow the tenant to occupy the owners property under specified terms and conditions.The Agreement specifies:
- The identity of the tenant, the owner, and the property;
- The type of tenancy- fixed or periodic;
- The amount of the rent, and when it will be paid;
- How many people are permitted to occupy the premises;
- If pets are permitted;
- Who is to pay for water consumption;
- The amount of the security bond;
- Any special conditions that have been agreed between the owner and the tenant;
- The Agreement further addresses the rights and obligations of the tenant and the owner.
How long should it take to have a bond returned?
Once the Form 4 Application for Disposal of Security Bond has been signed, no further deductions may be made from the bond.
The bond would then normally be refunded within seven to 10 days.
If the property is sold, how much notice to terminate a tenancy does the owner/agent have to give?
Under Section 63 of the Residential Tenancy Act if you are a periodical tenant, 30 days notice is required to be given once the landlord/s have entered into a contract for sale of the premises. If you are on a fixed term tenancy, you have the right to remain as a tenant in the premises until the end of the fixed tenancy period.
How long should it take to have a bond returned?
Once the Form 4 Application for Disposal of Security Bond has been signed, no further deductions may be made from the bond.
The bond would then normally be refunded within seven to 10 days.
How much notice must a real estate agent/owner give for inspecting the property?
The Residential Tenancies Act at section 46 Owner’s Right of Entry states that an owner may enter a property:
“(b) for the purpose of inspecting the premises or any other purpose, on a day and at a reasonable hour, specified in a notice given to the tenant not less than seven nor more than 14 days in advance.”
I do not agree with the final inspection report and the deductions to be made from by bond. What can I do?
At the final inspection when vacating a property, the property should be in the same condition as shown on the original property condition report.
Should you not agree with the deductions to be made from your bond and you cannot resolve the issue with the owner through the managing agent, then the dispute would have to be resolved in the magistrates court.
What happens if I do not pay the agreed rent?
A basic obligation of a tenant is to pay the rent.If the rent is not paid by the agreed date, then the owner/managing agent may seek to end the tenancy.
The tenancy may be ended through two alternatives:
Firstly, not less than one day after the rent should have been paid, the owner may issue a Breach Notice or Non Payment of Rent of Rent(Form 21). This notice requires the tenant to pay all outstanding rent within 14 days.
If the rent remains unpaid, the owner may issue a Notice of Termination for Non Payment of Rent (Form 1A). This notice seeks to terminate the tenancy agreement and requires the tenant to leave the property within seven days.
Secondly, not less than one day after the rent should have been paid, the owner may issue a Notice of Termination for Non-Payment of Rent(Form 1B. The notice warns the tenant that unless the outstanding rent is paid within the next 7 days, the owner/agent may apply to the court for an order to terminate the tenancy agreement.
Can I withhold rent?
No. If the owner does not honour his/her obligations under the lease agreement, the tenant is not legally able to withhold rent.
The tenant may issue a Notice of Breach of Agreement(by Owner) Form 20A.If the situation is not fixed by the termination of the notice period, an application may be made to the Magistrates Court seeking an order for the owner to remedy the alleged breach.