Q3 - Residential Tenancies
Jeannette would be told that I am not a lawyer but the advice will be checked by a solicitor. As a paralegal I may be considered a paid worker delivering welfare services. Jeannette would be advised that if her lease is a fixed term agreement (FTA) that the landlord cannot evict her until the end of the lease (Residential Tenancies Act NSW (RTA) 2010 s86). However, Jeannette would need to determine if the agreement is fixed or periodic due to the discrepancies in the RTA and regulation. For example, a FTA that is more than 3 years must be approved by the Registrar-General for registration under the Real Property Act 1900. Further, under the RTA (s81) the tribunal can order termination of a residential agreement if the proposed FTA does not comply with the RTA. Additionally, if the agreement is actually a periodic tenancy agreement then the landlord can give a termination notice at any time. However, the eviction notice must give Jeannette 90 days or more from the day the notice is given (RTA s85). Further, the tribunal may order the termination of the FTA even if the notice does not comply with the RTA (s85) if the tribunal assesses there is no hardship to …show more content…
Jeannette would have to give notice of the hot water service fault, leak in roof, windows and door lock and give the agent or landlord 14 days to carry out the repair (RTA s63). Further, if urgent, Jeannette could pay for the repair (up to $1000) and be reimbursed by Spencer within 14 days of the repair/s. If the landlord fails to repair/reimburse Jeannette, then Jeannette can apply for an order from the NCAT given that the repair was from a licenced professional and that notice was given by Jeannette (RTA s65). Regarding the door lock and widows, under the RTA (s70) Spencer must maintain thus, repair Jeannette’s door lock and windows or he will breach the FTA and break the
Jeannette would be told that I am not a lawyer but the advice will be checked by a solicitor. As a paralegal I may be considered a paid worker delivering welfare services. Jeannette would be advised that if her lease is a fixed term agreement (FTA) that the landlord cannot evict her until the end of the lease (Residential Tenancies Act NSW (RTA) 2010 s86). However, Jeannette would need to determine if the agreement is fixed or periodic due to the discrepancies in the RTA and regulation. For example, a FTA that is more than 3 years must be approved by the Registrar-General for registration under the Real Property Act 1900. Further, under the RTA (s81) the tribunal can order termination of a residential agreement if the proposed FTA does not comply with the RTA. Additionally, if the agreement is actually a periodic tenancy agreement then the landlord can give a termination notice at any time. However, the eviction notice must give Jeannette 90 days or more from the day the notice is given (RTA s85). Further, the tribunal may order the termination of the FTA even if the notice does not comply with the RTA (s85) if the tribunal assesses there is no hardship to …show more content…
Jeannette would have to give notice of the hot water service fault, leak in roof, windows and door lock and give the agent or landlord 14 days to carry out the repair (RTA s63). Further, if urgent, Jeannette could pay for the repair (up to $1000) and be reimbursed by Spencer within 14 days of the repair/s. If the landlord fails to repair/reimburse Jeannette, then Jeannette can apply for an order from the NCAT given that the repair was from a licenced professional and that notice was given by Jeannette (RTA s65). Regarding the door lock and widows, under the RTA (s70) Spencer must maintain thus, repair Jeannette’s door lock and windows or he will breach the FTA and break the