What to do when your residential lease is up

The rationale behind the dismissal

An agreement with a fixed term and periodic payments

Minimum amount of notice a landlord is required to give

Tenant is required to give a minimum amount of notice.

Domestic violence

Either

N/A

None

The end of the agreement for a fixed term *

Fixed only

30 days

14 days

The conclusion of the recurring contract for no particular reason *

Exclusively periodic

90 days

21 days

The periodic employee or caretaker agreement has come to an end (no reason has been specified). *

Exclusively periodic

28 days

21 days

The landlord has signed a purchase agreement to sell the property, which calls for immediate vacant possession.

Exclusively periodic

30 days

N/A

Contravention of the agreement

Either

14 days

14 days (or apply to the Tribunal), whichever comes first.

A failure to pay the rent, the fees associated with using the water, or the utility charges

Either

14 days

N/A

A tenant or other occupant was responsible for causing significant damage or injury.

Either

None**

N/A

Tenant or other occupant committing illegal activity on the property

Either

None**

N/A

Threats, abuse, intimidation, or harassment from a tenant or other occupant of the property

Either

None**

N/A

Hardship

Either (the landowner)

(Tenant only) fixed only

None**

None**

Lengthy terms of tenancy

Periodic

None**

N/A

Those who continue to occupy the space after the tenancy has ended

N/A

14 days

N/A

Contravention of the information disclosure requirements of section 26

Either

N/A

14 days

Rent increases during the term of a fixed-term agreement that is at least two years long

Fixed only

N/A

21 days

(and this is before the rate of increase begins)

Early termination with no financial repercussions (i e moving into a facility for the elderly or into social housing, the landlord deciding to sell the property, or the property being listed on the LFAI register)

Fixed only

N/A

14 days

The co-tenant has decided to end their tenancy.

Exclusively periodic

N/A

21 days

The passing of a fellow tenant

Either

N/A

21 days

Due to the passing of the lone tenant

Either

None

None (stated by the authorized representative)

Compulsorily acquired property is property that has been demolished, rendered uninhabitable, or rendered useless.

Either

None

None

Other statutory justifications

N/A

Make your case before the Tribunal.

Make your case before the Tribunal.

*This provision is not applicable to occupants of the property who have been there for more than 20 years.

** There is no requirement for prior notice, but an application must be submitted to the NSW Civil and Administrative Tribunal (the Tribunal).

There is a possibility that you will be responsible for paying mandatory break fees, the amount of which is determined by the stage of the agreement.

A tenant who vacates the rental unit prior to the conclusion of the fixed term is responsible for paying a break fee.

If the mandatory break fee is applicable, the following is the set fee that must be paid:

• If less than 25 percent of the agreement has been completed, the tenant is responsible for paying four weeks' worth of rent.
• If the agreement has been violated for at least 25 percent but not more than 50 percent, the tenant is responsible for paying three weeks' worth of rent.
• two weeks' rent is due if the agreement has been violated for more than half but fewer than three quarters of the time.
• if the agreement has been violated for more than 75 percent, the tenant is responsible for one week's rent.

A landlord still has the option of pursuing compensation by filing a claim with the NSW Civil and Administrative Tribunal (hereafter referred to as "the Tribunal").

These expenses might include the loss of rent, the cost of advertising, and, if the landlord works with an agent, a letting fee.

A mutually acceptable amount of compensation may be negotiated between the tenant and the landlord or agent.

In the event that the tenant and landlord are unable to come to an agreement regarding the amount of compensation, the landlord has the right to make a claim against the security deposit or apply to the Tribunal for an order requiring the tenant to pay the landlord a specific amount of compensation.

The landlord will be required to demonstrate to the Tribunal the steps that they took to minimize their losses in a reasonable manner (such as g putting up ads as soon as possible in search of a new tenant)

In the event that the break fee clause in the rental agreement has not been removed, the optional break fee clause will be put into effect. The amount of the break fee that must be paid will be either:

1. six weeks' worth of rent in the event that the tenant vacates the property during the first half of the lease's term, or
2. If the tenant vacates during the second half of the fixed-term agreement, the landlord is entitled to four weeks' worth of rent.

If the fixed-term agreement is for more than three years, the same optional break fee clause applies, unless the tenancy agreement specifies a break fee of a different amount.

If the clause regarding the break fee has been removed from the rental agreement, the optional break fee clause will not be in effect.

A landlord still has the option of submitting a claim for compensation to the Tribunal.

These expenses might include the loss of rent, the cost of advertising, and, if the landlord works with an agent, a letting fee.

A mutually acceptable amount of compensation may be negotiated between the tenant and the landlord or agent.

In the event that the tenant and landlord are unable to come to an agreement regarding the amount of compensation, the landlord has the right to make a claim against the security deposit or apply to the Tribunal for an order requiring the tenant to pay the landlord a specific amount of compensation.

The landlord is going to have to demonstrate to the Tribunal what (reasonable) steps they took to try to cut down on their losses (for example, g putting up ads as soon as possible in search of a new tenant)

Previously, a declaration of domestic violence could only be filled out by registered medical professionals.

Beginning on the 11th of December in the year 2020, a broader range of professionals, also known as competent persons, will be able to provide a declaration.

• Registered health practitioners who hold either general or specialist registration in accordance with the Health Practitioner Regulation National Law (NSW), in one of the following health professions: physiotherapists, dentists, pharmacists, optometrists, radiologists, occupational therapists,
  • Traditional Aboriginal and Torres Strait Islander medical care and treatment
  • Chinese medicine
  • chiropractic
  • dental refers to the field of medicine that includes dentists, dental therapists, dental hygienists, dental prosthetists, and oral health therapists as professions.
  • medical
  • The application of radiation in medicine
  • midwifery
  • nursing
  • physiotherapy for occupations
  • optometry
  • osteopathy
  • paramedicine
  • pharmacy
  • physiotherapy
  • podiatry
  • psychology
• professionals in the field of social work who are members of the Australian Association of Social Workers,
• staff members of a government agency in the state of New South Wales who work in child protection,
• employees of non-governmental organizations that receive funding from the government to provide services relating to domestic violence or sexual assault or refuge or emergency accommodation, and
• counselors who have met the requirements set forth by the Victims Rights and Support Act of 2013

This declaration is one of four acceptable forms of evidence that a tenant can attach to their notice of termination in order to end their tenancy without incurring any penalties.

In response to concerns that many victims of domestic violence do not feel comfortable going to the police or engaging with the justice system, the declaration has been made available to the public.

The deterioration of the property that naturally occurs over the course of time is referred to as "fair wear and tear." This table compares typical instances of wear and tear with more serious types of damage.

Normal deterioration over time

Damage

Curtains with faded colors or frayed cords

Curtains that are either missing or torn.

There are dents from the furniture and footprints all over the carpet.

The carpet has some stains or burn marks on it.

Worn and scratched wooden floors

Floors made of wood that are severely gouged or scratched

Paint that is peeling, flaking, or cracked

Unauthorized and of substandard quality painting job

Worn kitchen benchtop

Bench top with burns or cuts in it

Doors or windows that have loose hinges or handles, as well as sliding tracks that are worn out

Broken glass

Stains on the carpet caused by water seeping through the carpet due to a leaking roof or poor plumbing

Stains on the carpet caused by an overflowing bathtub or by houseplants in containers

Frayed and peeling paint on the wall near the light switch

Painting that was damaged as a result of removing posters that had been affixed with blu-tack or sticky tape

• unpaid rent
• the cost that should be expected to be incurred to repair damage to the property that goes beyond normal wear and tear
• unpaid water usage charges, provided that the landlord made a request for payment within three months of receiving the bill.
• any "break fee" or other charges that are due to be paid by the tenant as a result of an early termination of the tenancy agreement
• the cost of cleaning any part of the property that was not left reasonably clean, taking into account how clean the property was when the tenancy began, and the reasonable cost of cleaning any other part of the property that was not left reasonably clean.
• the cost that can be reasonably expected to be incurred in order to have the locks changed or other security devices replaced in the event that the tenant does not return all keys and security devices that were provided to them.

This is not an exhaustive list by any means. There are a variety of other valid reasons that a landlord or agent might have for making a claim against a tenant's security deposit.

The paper form is utilized for the submission of Rental Bonds when the online system was not utilized. Because refunds can only be made through direct deposit, the form needs to include the tenant's banking information.

In the event that a landlord or tenant is unable to persuade the opposing party to agree to sign the form, they should submit the form without the signature of the opposing party.

The party that refused to sign the form will receive a notice from Fair Trading, which will give them a period of fourteen days to either settle the matter or contest the claim by making an application to the Tribunal.

In the event that the party who refused to sign the form does not submit an application to the Tribunal, the bond will be disbursed according to the terms of the initial claim. However, if that party decides to apply to the Tribunal, Fair Trading will keep the bond until the dispute is resolved and return it to that party.

If the landlord and the tenant come to a different agreement after one of them has already filed a claim, then a new claim form that is signed by both parties will need to be filed with Fair Trading. In the event that this is not the case, the first claim submitted will be paid out after 14 days.

After the bond has been cashed, either party has the ability to make an application to the Tribunal within the following six months.

Just the claim form should be sent in to NSW Fair Trading.

In the event that a landlord or agent files a claim without the tenant's signature, that landlord or agent is obligated to provide the tenant with copies of the following within seven days of filing the claim:

• a duplicate of the most recent condition report, as well as
• copies of any estimates, quotes, invoices, or receipts related to the work that have been prepared.

If the Department of Community Justice Housing was responsible for paying all or part of the bond, copies of these documents must also be sent to them.

Should you fail to provide these documents within the allotted time frame, you may be subject to penalties.

Before taking any further steps, a landlord is required to have absolute certainty that the tenancy has come to an end.

This is of utmost significance in the event that neither the landlord nor the tenant has provided notice of their intent to terminate the agreement.

Although it might appear that the tenant has abandoned the property, they might actually be away on vacation, away for work, or even in the hospital.

First, the landlord ought to make an effort to get in touch with the tenant, talk to the tenant's neighbors, or visit the tenant at their place of employment.

A landlord is able to submit an application to the Tribunal if they have any concerns about whether or not the property has been abandoned.

If there is no room for debate, the landlord does not require an order from the Tribunal. They need only replace the locks to make the property secure, and then they can take care of any belongings that were left behind.

The items that are abandoned will determine how a landlord handles the situation.

In some instances, the landlord is required to give the former tenant notice that they are holding the tenant's belongings and that if the belongings are not collected within a certain amount of time, the landlord will dispose of the belongings.

For further details, please refer to the uncollected goods.

While the items are in the possession of the landlord, a previous tenant or anyone else who has a legitimate interest in the goods has the right to reclaim them at any time.

A landlord has the right to request reimbursement for any actual costs they incurred in the process of removing, storing, maintaining, or insuring the tenant's belongings. On the other hand, the landlord cannot deny the return of the items on the grounds that the former occupant owes money for unpaid rent or for some other reason.

If a landlord does not follow the required process when dealing with goods left behind, a tenant who returns for their goods could also apply to the Tribunal for compensation for any damage to their belongings while they were in the landlord's possession. This would be the case even if the landlord returned the goods to the tenant.

If a landlord follows the required procedure, they have the ability to apply for an order from the Tribunal in the event that a tenant contests having to pay any relevant fees where applicable.

For further details, please refer to the uncollected goods.

If a tenant has been given the proper notice to vacate the rental property but has not left by the date that is specified in the termination notice, the landlord will need to apply to the Tribunal for termination and possession orders in order to regain ownership of the property.

If the tenant does not comply with the order of the Tribunal, the only person who has the authority to legally remove the tenant from the rental property is a sheriff's officer acting under a warrant for possession issued by the Tribunal or a court.

A warrant for possession can only be executed by an officer of the sheriff's department.

Unless a sheriff's officer is enforcing a warrant for possession that was issued by the Tribunal or a court, a tenant is not allowed to be locked out of their home.

It is against the law to lock a tenant out of their home without following the proper procedures, which can result in severe penalties.

In order for a tenant to be included in a database, the tenancy agreement must specifically identify them in that capacity.

It is not possible to list occupants, visitors, or children, whether they have been approved or not.

After the end of a tenant's lease, and only then, can their information be added to a database. If a tenant is behind on their rent payments, has been served with a termination notice, or is not maintaining the property to an acceptable level, the tenant's information will not be included in a database.

One or both of the following conditions must be met before a tenant's information can be included in a database:

• They have abandoned the premises, and their liability for violating the terms of the lease agreement is greater than the amount of the security deposit.
• The agreement will be terminated as a result of an order issued by the Tribunal due to improper behavior on the part of the tenant.

Any information that is entered into a database must, in an accurate, comprehensive, and understandable manner, identify the reason for the listing. For instance, "eviction order handed down due to tenant having rental arrears, tenant owes $500 in additional rent on top of the bond."

As a result of domestic violence, tenancy agreements were severed.

Tenants whose leases were terminated due to incidents of domestic violence are exempt from being included in tenancy databases maintained by landlords and real estate agents.

This helps to mitigate the potentially detrimental effects that a domestic violence termination could have on survivors who are looking for alternative rental housing.

If landlords or agents want to include tenants on a tenancy database, they are required to provide tenants with written notice before doing so.

Before including the tenant in the database, they are required to give them at least 14 days to lodge an objection.

Tenants who are of the opinion that the proposed listing is unfair or inaccurate have the option of filing a complaint with the Tribunal.