Tenancy Disputes
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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.
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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.
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:
- Where a tenant vacates a tenancy early, and a landlord is entitled to a “break lease” fee
- Where a tenant vacates a tenancy early and fails to provide the proper notice
- Where a tenant damages the leased property, or any other goods/fixtures owned by the landlord which was supplied as part of the lease
- Where a tenant fails to properly clean and/or repair the leased premises prior to vacating at the end of the lease
- 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.
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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.
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What our Clients Say
Jack Finch17/10/2023 Was a pleasure working with this firm, our Lawyer Gabriel was amazing, very polite and very professional. Our lawyer ensured that we had all the documents we needed and more to guarantee us our sponsorship. No kickbacks, no second attempts. All granted on first attempt (I know someone who went with a different firm and got rejected twice for sponsorship). All-in-all, Visa applications can be stressful and strict, I would highly recommend getting a lawyer and if you do, make sure it's a good one such as these or your gonna have a tough year ahead. Betty George26/09/2023 Have found Gabriel at Jameson law, very friendly and approachable and efficient and helpful, what you need in the law firm - not intimidating. Got my issue sorted & got a good result, will definitely recommend Gabriel & her colleagues - like Sali who are extremely helpful as well, lovely Office & lovely people. Kathleen noor mubeena21/09/2023 My sincere thanks to Gabriel Mackenzie @ jameson law for the guidance, support and assistance with visa processing. I'm really so grateful and thankful for her efforts for making this to get happened. Kashish Talwar14/09/2023 My sincere thanks to Wissam Philopos. Wissam is a great lawyer and a very kind human being. He is very knowledgeable, super professional, a great lawyer and has guided me in every aspect of my case. I was so frightened and confused earlier but he and Jameson law as a firm has helped me a lot. Best thing is they understand problem of a person and helps to their best. I highly recommend taking advice from Jameson law and. Thank you Wissam. Punit Mathur11/09/2023 I received professional and correct advice by Gabriel on my Citizenship and Permanent Resident Return Visa application. Gabriel's advice has helped me take steps in the right direction which resulted in my Return Visa 155 being processed. I shortlisted Jameson Law after researching other Law firms and I am happy I made the right decision. Thanks Gabriel. Christian Targett07/09/2023 I highly recommend Jameson Law. Wissam was fantastic from day 1. My well-being was a high priority for Wissam. Very easy to deal with and very transparent. My experience with all staff at Jameson law was friendly and professional. Highly recommend giving these guys a call and see how they can help you too. Joel Delaney06/09/2023 I sought the assistance of Jameson Law after a mobile phone camera traffic offence. Wissam was my solicitor, and I cannot speak highly enough of the service provided. Wissam was always honest and forthcoming, he was understanding of the circumstances and remained positive at all times that we would be able to work towards a positive outcome. He was absolutely clear and concise with the advice he provided and prepared as best possible for court proceedings. I’d like to mention additionally that due to staffing Wissam managed to accomplish all this with an increased caseload, and never utilised that as an excuse, nor did he have any reason to for how tirelessly he worked in order to provide me the best defence possible. At the end thanks to Wissam and the collective team at Jameson Law I received the absolute best outcome possible. Thank you Wissam and Jameson Law Tony Thai05/09/2023 Wissam proved to be an exceptional lawyer. With such short notice he was able to help my traffic case and get a reduced disqualification. Jessica Hanna05/09/2023 A big thank you to Gabriel Mackenzie @Jameson Law for her help, guidance and support with the process of getting my Visa. She was so patient while I gathered the relevant documents and still managed to secure me my visa promptly. I’m so grateful for her efforts, and I’m so happy with the results! Thank you again Gabriel!
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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
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Local Courts
Balmain Local Court
- 1300 679 272
- local-court-burwood@justice.nsw.gov.au
- 368 Darling Street, Balmain NSW 2041
Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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Blacktown Local Court
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Downing Local Court
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- Public Transport: Well-served by buses and trains, with easy access to nearby bus stops and Museum Station.
- Parking: Limited street parking is available, and there are several public parking garages nearby.
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
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Fairfield Local Court
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Hornsby Local Court
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- (02) 9847 9955
- PO Box 96 HORNSBY NSW 1630
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- 294 Peats Ferry Rd HORNSBY NSW 2077
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Liverpool Local Court
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- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Manly Local Court
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- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Newtown Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
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Parramatta Local Court
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- PO Box 92 Parramatta NSW 2150, Australia
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Penrith Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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Waverley Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
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- PO Box 71 BANKSTOWN NSW 2200
- downingcentredc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Parramatta District Court
- (02) 8688 7777
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Registry Hours: 9:00 – 4:30
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Penrith District Court
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Registry Hours: 9:00 – 4:30
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Campbelltown District Court
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Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
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- 150 George Street, Liverpool NSW 2170
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
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- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
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Supreme Courts
Supreme Court New South Wales
- 1300 679 272
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- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
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- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
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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
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
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
- 1300 679 272
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- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
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
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday