Rental loopholes that allow landlords to suddenly evict tenants

New South Wales requires landlords to comply with a set of minimum housing standards, but that obligation only begins when the lease is signed, not when the property is advertised. There is no rule prohibiting the landlord from relisting a rental property on the grounds that it is uninhabitable immediately after the lease has ended.

When former Paddington housemates Joanna Sellar and Gabriel Scullin moved in in August 2020, neighbors warned of a “serious leak” in the roof.

Sellers said he wasn’t so concerned about the rental references and, had he known their rights, he would have been evicted when it first leaked just three months later.

They spent more than a year getting the roof repaired, and one rainy April afternoon, they sent us end-of-lease notices saying they had to vacate the property immediately because it was deemed “uninhabitable.” received.

“After two years of ignoring our request to permanently fix the roof, they used it as a tool to kick us out minutes before closing time on a random Friday.” Scullin said.

In the 12 months to 30 June 2022, NSW Fair Trading received 69 complaints from tenants regarding termination notices.

This included 17 complaints about termination notices without cause and 18 complaints about termination notices for “other reasons” such as breaches or disputes regarding rental agreements.

Other complaints included non-payment of rent, excessive rent increases, property sales, or inhospitability due to mold or water ingress.

Of the 69 complaints, 15 tenants offered and accepted compensation. In addition he was offered 24 options to resolve the issue.

Recent report from NSW Tenants Association Up to 30% of state tenants said they would experience eviction.