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Weżve had lots of problems with our unit and now the landlord wants to evict us. Can he do that because we\'ve complained too much?
September, 2010

Yes and no. Your landlord can raise the issue of your tenancy with the Consumer, Trader and Tenancy Tribunal (CTTT) but it is unlikely that a decision will be made in his favour as you have only asserted your rights to repairs on the unit. Be sure to attend the hearing and give your own account of the situation. Unless the landlord can prove the premises have become unliveable, your repair complaints are unlikely to warrant an eviction.

Be sure that you make written notices to the landlord for each repair request and keep a copy. If your landlord has not made repairs to the unit as requested, you can apply to the CTTT for an order to repair the premises--but only if the CTTT request is made within 30 days of the landlord failing to carryout repairs by your deadline.


FAQ Archive:

I\'m having a right-of-way problem with my neighbour and he\'s threatened to ask the council to compulsorily acquire my land. Is this legal?
August, 2010

No, this could not legally happen.

New South Wales local government councils may only acquire land for roads or under the Local Government Act 1993 (NSW)....

Does the new 2010 stamp duty concession include a renovated home?
July, 2010

To be eligible for the HBB a home must be \'new\'. A new home means a home that has not been previously lived, and this does include a substantially renovated home....

How are planning and development activities carried out in New South Wales?
June, 2010

Planning and development activities are carried out under the Environmental Planning and Assessment Act 1979 (NSW). There are many different types of environmental planning instruments which regulate land use and development....

Do I have to allow my tenant to keep pets on the property?
April, 2010

There are no legal requirements on whether you allow or do not allow a tenant to keep pets on the property. Generally, it is up to each individual landlord to decide whether they will allow pets....

Our strata manager is acting in the best interests of the developer, What can we do?
March, 2010

"Our building is quite new, and we have some defect problems with the developer. Our strata manager was appointed by the developer, and does not seem to be too energetic in having things fixed....

Is a life interest in a home real or personal property?
February, 2010

"My father left his wife, my stepmother, a life interest in his home, with all rights reverting to me on her death. Is that real or personal property, and does it make any real difference anyway?"

Answering the last part first, no, it doesn\'t really make any difference....

My neighbour has fruit trees that overhang my property. Can I use the fruit?
January, 2010

My neighbour has fruit trees that overhang my property. Can I use the fruit?

Technically, the owner of the tree owns all of its fruit....

Breaking our mortgage for a lower rate will cost $20,000. Why?
December, 2009

A few years ago we took out a fixed rate mortgage, at 9%. We could now refinance at about 7%, which will make a big difference to our monthly payment....

Why do I have to pay my landlord\'s solicitor fees and bank charges when renting a warehouse unit?
November, 2009
"I am negotiating to rent a warehouse unit. I don’t see why I should have to pay the landlord’s solicitor as well as mine, and pay his bank’s charges to approve the lease just because he has a mortgage....

The landlord has made promises to provide signage for my coffee shop, how can I hold him to it?
October, 2009

"I lease a coffee shop in a small suburban centre. When I moved in, the landlord promised to put up an advertising sign for me at the road frontage, but twelve months and many requests later, nothing has happened....

My son wants to rent a unit, Can I rent a place for him?
September, 2009

"My son wants to rent a unit, but he is having problems getting an agent to accept him as a tenant. Can I rent a place for him?"

Yes, you can, if you are game! Make sure the Agreement permits occupation by people other than you....

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