BOOK NOW

WE'RE IN IT TO WIN IT

Book your consultation

Book Now
Book Now Mobile 06 02 2025

This form submission is encrypted and secured to ensure your information remains confidential.

Tenancy Disputes

Jameson Law 5 stars Law firm in Sydney - Best Law Firm in Sydney
WE GET IT
ASK A LAWYER

WE'RE IN IT TO WIN IT

Book your consultation

Book Now
Book Now Mobile 06 02 2025

This form submission is encrypted and secured to ensure your information remains confidential.

Our experienced lawyers will run your matter to the full extent of the law to ensure success.

Icon 01 - SVG Jameson Law

Award-Winning
Law Firm

We have won several client service excellence and leading law firm awards every year up to and including 2024.

Icon 02 - SVG Jameson Law

Proven Track
Record

50+ Years of Combined Experience litigating civil matters means a successful outcome is on the table.

Icon 03 - SVG Jameson Law

5 Star Reviews
Everywhere

We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.

Icon 1

Book a
Consultation Today

If your case is important to you it’s important to us. Call Jameson Law and join the winning side today.

A couple ending a tenancy discussing their options

If you have ever ended a tenancy and your landlord has made a compensation claim against your rental bond, you know that defending any compensation claim can be stressful. Compensation claims are often also accompanied by threats of complex legal processes, legal fees and legal costs, short time limits for reply and the possibility of an even higher amount of compensation if a claim is not met on time. Often, it can be difficult to know who to speak to make sure you are not being treated unfairly.

Claims for compensation can take many forms, whether a claim for a breach of a lease, an employee making a worker’s compensation claim following a workplace injury, a motor vehicle claim, or a personal injury or negligence claim against your small business. In any case, and given the often unreasonable timeframes that accompany compensation claims, it is critical to obtain the best legal advice available, to ensure the claims process and any dispute resolution process that is used, is resolved quickly and in your favour.

Our law firm provides no win, no fee legal services so that if a compensation claim has been made against you, you can receive high quality legal advice from our expert team of personal injury lawyers. Below, we explore some of the major compensation claims and how best to defend those claims.

Speak to a lawyer today

If you have a civil dispute and seek high-quality legal advice to assist in defending a compensation claim made against you, it is essential that you have help from experienced lawyers who can manage your matter in a sensitive, professional, and emotion-free manner. Take the stress out of navigating complicated legal processes by contacting our expert personal injury lawyers for a free consultation today. We can assist with compiling and drafting any relevant documentation, explaining legal issues in real terms and providing professional legal services to ensure you get the outcome you deserve.

A landlord explaining that tenants are required to provide a "bond" at the commencement of the lease

Talk law -lawyer-Images copy

Can tenants defend a compensation claim by their landlord?

A very common compensation claim occurs at the conclusion or termination of a lease. In Australia, leases and tenancy disputes are generally governed by the relevant Residential Tenancies Act applicable in your State. Under these laws, tenants are required to provide a “bond” at the commencement of the lease, against which a landlord may claim compensation if a tenant terminates the lease, damages the leased premise, or is otherwise in breach of the lease contract.

Some common compensation claims made by landlords against tenants include:

  1. Where a tenant vacates a tenancy early, and a landlord is entitled to a “break lease” fee
  2. Where a tenant vacates a tenancy early and fails to provide the proper notice
  3. Where a tenant damages the leased property, or any other goods/fixtures owned by the landlord which was supplied as part of the lease
  4. Where a tenant fails to properly clean and/or repair the leased premises prior to vacating at the end of the lease
  5. Where a tenant fails to pay rent.

The claims process in these circumstances will generally depend on whether the compensation claim exceeds the amount of the bond provided at the commencement of the lease, and whether the lease remains current. In NSW, bonds are required to be held with the Rental Bond Board, and any claims against the bond money (including the tenant’s claim for return of the bond) are to be made through the RBB. Where a claimant landlord claims an amount less than the total bond money held, a tenant will need to contact NSW Fair Trading, and likely apply to the NSW Civil and Administrative Tribunal (NCAT) to challenge the claim against the bond.

Where the compensation claim exceeds the total bond money, then the landlord will be responsible for applying to NCAT for the amount of compensation they seek that exceeds the total amount held in bond. This procedure will also differ depending on whether the tenant is still residing in the lease premises, or has vacated.

If you wish to challenge a compensation claim, it is important to provide as much evidence and reasoning as to why the landlord is not entitled to the compensation. Such evidence might include photographs, condition reports or bank statements showing rental payments. Ultimately, your success in defending the compensation claim will likely depend on the strength of your reasoning and evidence in support of your defence, including having a firm legal basis.

Generally, where an application is made to NCAT (or the equivalent Tribunal in your State jurisdiction), is is highly recommended that you seek legal advice on your rights and any options available in defending the compensation claim made against you. This is not only because compensation claims are often complex and confusing, but also because of the short timeframes available to those defending claims and the very specific procedures involved in formal claims processes such as tribunal hearings.

Bank statements showing rental payments. can be provided as evidence
Speak to a lawyer today

Landlords can make compensation claims against tenants for a range of circumstances arising out of residential tenancies, and defending a claim in formal claims processes such as in NCAT can often involve a number of statutory instruments, short timeframes and assumed knowledge of NCAT procedure. For advice on the options available to you in defending a compensation claim, and any entitlements arising from your residential tenancy, contact our legal practice today for a free, honest and confidential consultation.

Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our migration lawyers for legal advice tailored to your specific legal matter. The courts and tribunals deal with matters on a case by case basis. It should also be noted that there may be delays due to COVID-19.

Speak to an Expert Lawyer today
Jameson Law - The best lawyers in Sydney - Sydney Lawyer
BOOK NOW

WE'RE IN IT TO WIN IT

Book your consultation

Book Now
Book Now Mobile 06 02 2025

This form submission is encrypted and secured to ensure your information remains confidential.

What our Clients Say

Essential Updates and Resources on Civil Law

FAQs

Frequently Asked Questions.

Yes our civil lawyers have litigated for both landlords and tenants. Whether you are a plaintiff of defendant, Jameson Law’s civil law team has the experience to pursue a good outcome.

Leasing out your property grants the tenant a lot of legal rights. In NSW residential tenancies are standardised with some special conditions that can be modified. Generally a property lawyer or even a real estate agent can help you with the preparation of a residential property lease.

In NSW, lodging a complaint with NSW Fair Trading and having you matter heard against a residential landlord is fairly straightforward. However, preparation of evidence and putting together a strong case (no matter how good it sounds) – is never easy as there what might sound fair and reasonable might not actually correspond as a right legally. It is always in your best interest to seek advice or guidance from a legal representative. To lodge a complaint, visit: https://www.service.nsw.gov.au/transaction/lodge-a-tenancy-complaint-with-nsw-fair-trading

WE'RE IN IT TO WIN IT

Book your consultation

Book Now Mobile 06 02 2025
Book Now Mobile 06 02 2025
lock

This form submission is encrypted and secured to ensure your information remains confidential.

OUR SYDNEY OFFICES

Parramatta CBD - Head Office
jameson Law - Blacktown
jameson Law - Liverpool Office
Jameson Law - Bankstown
Offices-Jameson-Law-Sydney-Best-Law-Firm
nsw_courts - Jameson Law

COURT HOUSES WE FREQUENT

Balmain Local Court

Registry: Monday to Friday, 9:00am to 4:30pm

Bankstown Local Court

Court Operating Hours: 9:30am-4:30pm

Blacktown Local Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri

Burwood Local Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri

Campbell Local Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri

Central Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Downing Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Wollongong Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Fairfield Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Hornsby Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Liverpool Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Manly Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Newtown Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Parramatta Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Penrith Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Sutherland Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Waverley Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Windsor Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Wollongong Local Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Downing Centre District Court

Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri

Parramatta District Court

Registry Hours: 9:00 – 4:30
Days open: Mon-Fri

Penrith District Court

Registry Hours: 9:00 – 4:30
Days open: Mon-Fri

Campbelltown District Court

Registry Hours: 9:00 – 4:30
Days open: Mon – Fri

Liverpool District Court

Registry Hours: 9:00 – 4:30
Days open: Mon – Fri

Wollongong District Court

Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30

Supreme Court New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Federal Circuit and Family Court of Australia

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday

Federal Court

Monday to Friday, 8:30 AM – 4:30 PM

High Court

Monday to Friday, 8:30 AM – 5:00 PM

Children’s Court of New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Coroner’s Court New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Industrial Relations Commission of New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday

Land and Environment Court of New South Wales

Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday