How to deal with the landlord
Some of the most common problems housemates face as tenants are the landlord’s refusal to do repairs, ensure reasonable security of the premises or respect your privacy.
The following are some suggestions for getting the reluctant landlord or agent to do what they should. For more details, contact your local tenants’ advice service (Useful Contacts).
Notify your landlord/agents soon as you become aware of a problem.
Complain in person or on the phone and then follow up with a letter/email confirming what was said. Make sure you keep a copy of the letter/email.
If you can, take someone along to act as a witness when you first go to see the landlord/agent about the problem.
If nothing happens, keep phoning and sending follow-up letters or emails.
Your letters should clearly outline the problem, what you want done and the history of your complaint, i.e., when you first made contact etc.
This will make your case stronger if you have to apply to the Tribunal or another dispute body to deal with the problem.
Keep a copy of all your letters.
You can find sample letters at www.tenants.org.au.
Quote the relevant sections of the Residential Tenancies Act to your landlord/agent.
You can find the Act here.
Call your local tenancy advice service if you need help (Useful Contacts).
Keep a record of your conversations with the landlord/agent.
Buy a notebook for this purpose and keep it safely with your tenancy agreement and bond receipt.
Record the dates of conversations, who you spoke to and what they agreed to.
Keep all e-mails sent and responded to.
Be warned that e-mails are often written in the heat of the moment and sometimes people say things that they do not mean, or do not understand their legal consequences.
Emails should remain formal and dispassionate.
Do not stop paying rent at any stage regardless of what the landlord/ agent does.
Fourteen days rent arrears is sufficient grounds for your landlord to give you 14 days notice to leave.
It’s much safer and much more effective to apply to the Tribunal for a solution.
Don’t move out without giving the required notice as you may end up losing your bond.
Contact your local tenancy advice and advocacy service for advice and assistance if you feel you are getting nowhere with the landlord/ agent (see Useful Contacts).
Apply to the NSW Civil and Administrative Tribunal for a remedy (Your Legal Rights). It’s your right to get assistance from the Tribunal – take advantage of it!