Legal Project Management Plan & Checklist
NSW tenant's plan for disputes with a landlord: rent increases, repairs, termination notices, ending a lease, bond claims and NCAT applications.
How long does a NSW tenant have to challenge a rent increase?: Under s 41 of the Residential Tenancies Act 2010 rent may be increased only by a written notice given at least 60 days before the increased rent is payable, not within 12 months after the tenancy starts and not more than once in any 12 months. A tenant who considers the increase excessive may apply to the NSW Civil and Administrative Tribunal under s 44, and the Residential Tenancies Regulation 2019 cl 39(1) requires that application within 30 days after the notice of the increase is given.
Can a tenant challenge a landlord's termination notice in NSW?: Yes. A tenant may ask the Tribunal to declare that the notice was not given in accordance with the Act or that its ground is not genuine (s 111), and the Tribunal must then refuse a termination order. A tenant who believes the notice was given because they sought to enforce their rights may apply under s 115 for a declaration that it has no effect, before the termination date and within 30 days after the notice is given for a notice on a ground in ss 87E to 87M (such as proposed sale, renovation, demolition, ceasing to rent or the landlord moving in), or within 14 days for any other notice, including an actual sale notice under s 87D (cl 39(4)).
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What can a tenant do if the landlord will not do repairs?: The landlord must provide and maintain the premises in a reasonable state of repair (s 63). The tenant should give written notice of the problem; for urgent repairs such as a burst water service, a serious roof leak or a dangerous electrical fault, the tenant may arrange the work and claim reimbursement within the limits in s 64. The Tribunal may order the landlord to carry out repairs and may order rent to be paid into the Tribunal until the order is complied with (s 65), and NSW Fair Trading's free complaint service can help the parties reach agreement.
Jurisdiction: New South Wales. Residential tenancy disputes are heard by the NSW Civil and Administrative Tribunal in its Consumer and Commercial Division, which lists tenancy cases first for conciliation and hearing. NSW Fair Trading offers a voluntary complaint service but cannot make binding orders.
The Process at a Glance: The file opens with a conflict check, instructions on the dispute and the remedy the tenant wants, and a review of the tenancy agreement against the standard form. Every Tribunal time limit that applies is diarised at once, because several are as short as 14 or 30 days. If the landlord has given a rent increase or termination notice, it is checked against the Act and, where warranted, challenged in the Tribunal. Repair requests and other breaches are put to the landlord in writing, urgent repairs are handled under s 64, and a complaint may be made to NSW Fair Trading. If the dispute does not resolve, the tenant applies to the Tribunal, prepares evidence and attends the conciliation and hearing. Where the tenancy is to end, the tenant gives a notice with the correct period, hands back vacant possession and claims the rental bond, disputing any landlord claim in time.
Key Legislation: Residential Tenancies Act 2010 (NSW) s 15 (standard form agreements), s 41 and s 44 (rent increases and excessive rent), s 50 (quiet enjoyment), ss 62 to 65 (repairs, urgent repairs and Tribunal orders), ss 82 to 89A (termination notices, the landlord's grounds and non-payment notices), ss 96 to 105B (termination by the tenant), s 107 (break fee), ss 110 and 110B (leaving early), s 111 (disputes about termination notices), s 115 (retaliatory notices), s 120 (unlawful repossession), ss 163 to 175 (rental bond claims), ss 187 and 190 (Tribunal orders and breach applications) and s 223 (service). Residential Tenancies Regulation 2019 (NSW) cl 4 (standard form), cl 23A to 23I (termination information statement and supporting documents), cl 39 (time limits for Tribunal applications) and cl 40 (monetary limits).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Residential Tenancy Dispute (Tenant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Property Disputes cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Matter numberⓘ |
matter.matterNumber |
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inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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