Solving Issues in Residential Rentals



Tenancy Advice and Advocacy Services

For tenants, especially those in social housing or vulnerable situations, the Tenants Advice and Advocacy Services offer valuable assistance and advocacy. Discover your nearest service provider at www.tenants.org.au or call 8117 3700.

If disputes related to repairs, maintenance, or property damage cannot be resolved through our tenancy and real estate complaint service, either party may seek further investigation.

The NSW Fair Trading can investigate if:

- The landlord has failed in their obligation to maintain the property in a reasonable state of repair. This may lead to a landlord rectification order.
- The tenant has caused or allowed damage without making satisfactory repairs, without a valid reason. This could result in a tenant rectification order.

The NSW Fair Trading can investigate if:

- The landlord has failed in their obligation to maintain the property in a reasonable state of repair. This may lead to a landlord rectification order.
- The tenant has caused or allowed damage without making satisfactory repairs, without a valid reason. This could result in a tenant rectification order.

Certain criteria must be met for our investigation:

For Tenants: 
You can request further investigation if you've written to the landlord outlining necessary repairs to maintain the property's reasonable state of repair, and the landlord has failed to take action satisfactorily without a valid reason.

For Landlords or Agents:
You can request further investigation if you've written to the tenant, specifying the damage that needs repair, and the tenant hasn't satisfactorily completed the repairs without a valid reason.

The tenant must agree to Fair Trading conducting the damage investigation. If the tenant refuses, the landlord must apply to the NSW Civil and Administrative Tribunal (the Tribunal). It's important to note that the rectification process does not apply if the damage resulted from a domestic violence incident involving a domestic violence offender.

The Investigation Process

Our investigator will collect information, including interviews with the landlord, agent, and tenant, either at the property or over the phone. Relevant documents will also be reviewed. If an agreement is reached among the parties, the investigator will create a 'complaint report' detailing the agreed-upon actions.

If our investigator determines that the landlord or tenant has not fulfilled their obligations, a rectification order will be issued. This order will outline the reasons for its issuance, including the results of the investigation, and set a deadline for the necessary work to be completed. A copy of the rectification order will be provided to both parties involved.