According to the last census in 2021, almost 33% of people rent their home in NSW. And, of course, from time to time a dispute may arise with the landlord. But if it is a serious dispute that cannot be resolved, what rules apply if one of the parties to a lease wants to take the matter further?
As an illustration, a man contacted me recently about a claim for mould damage to furnishings inside a house that he was renting amounting to $26,000. He had complained to the landlord’s agent in early 2022 about the gutters being full of debris but the complaint was ignored. A toxicology report identified the blocked gutters as the cause of the mould outbreak and regarded the premises as not being fit to live in.
I informed him that he could make a claim with the NSW Civil and Administrative Tribunal which is more informal and much quicker than a Court. The Tribunal is empowered to make orders for compensation or for the payment of money but only up to $15,000.00 for each. However, the claim must be made within 3 months of the party becoming aware of the breach of lease.
In this case he had to make his claim within 3 months of receiving the toxicology report when he became aware that the landlord was in breach of a lease term to make sure the premises were fit to live in. His options were to make an application to NCAT to extend the time limit to claim by explaining the delay or to commence proceedings in a Court to claim the full amount which would involve more expensive legal costs and greater delay.
The lesson, as always, is to seek legal advice as soon as a dispute arises to avoid unnecessary complications.
October 2023