Some
of the most common problems flatmates face as tenants are the landlord/agent's
refusal to do repairs, provide reasonable security or respect your
privacy. The following are some suggestions for getting the reluctant
landlord or real estate agent to do what they should. For more details
about your rights, contact the Tenants' Union Hotline or your local
tenants' advice service (See contact
points).
• Notify your landlord/agent as soon as you become aware of
a problem. Complain in person or on the phone and then follow up
with a letter confirming what was said. Make sure you keep a copy
of the letter. 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.
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 leters at www.tenants.org.au.
• Quote the relevant sections of the Residential Tenancies
Act to your landlord/agent. You can find the Act at the NSW Legislation
website (www.legislation.nsw.gov.au)
The Act is not hard to read or understand.
• Some real estate agents have a 'complaints' book. Make sure
your complaint is put in the book, as you can then ask for it to
be produced as evidence at the Tribunal.
• Keep a diary of your conversations with the landlord/agent.
Buy an exercise book specially 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 a printout of 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 understand
their legal consequences. e-mails should remain formal and passionless.
To avoid agents and landlords claiming that the void of cyber space
swallowed the e-mail and it was never received, always try and follow
up with a formal letter which outlines the key points discussed
and decided upon.
• Do not stop paying rent at any stage regardless of what
the landlord/agent does or doesn't do. 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 a tenancy adviser, community legal centre or community
worker for advice and assistance if you feel you are getting nowhere
with the landlord/agent (see Contact
Points).
• Contact your local Member of Parliament or some other influential
person such as a member of the local council . Explain your situation
and ask if they would write a letter to your landlord/agent to add
extra pressure.
• Apply to the Consumer, Trader and Tenancy Tribunal for a
remedy (see Contact
Points). At the moment more landlords than tenants are using
the Tribunal. It's your right to get assistance from the Tribunal
- take advantage of it!
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