As a tenant in New South Wales, it`s important to understand your rights and responsibilities when it comes to renting a property. One of the most crucial documents in any tenancy agreement is the actual agreement contract. However, in some cases, a tenant may not have a tenancy agreement. In this article, we`ll explore what your rights are as a tenant if you find yourself in this situation.
Firstly, it`s important to understand that having a tenancy agreement is beneficial for both the landlord and the tenant. It outlines the terms of the lease and protects both parties in the event of a dispute. However, just because you don`t have a written tenancy agreement, it doesn`t mean that you don`t have any rights as a tenant.
In New South Wales, if you don`t have a written tenancy agreement, you are still considered a tenant under the law. This means that you have certain rights and responsibilities, including:
1. A landlord is required to provide you with reasonable notice before entering the property. This means that the landlord cannot simply show up unannounced and enter your home.
2. You have the right to live in a home that is safe and in good condition. This means that the landlord is responsible for ensuring that the property is well-maintained and any necessary repairs are carried out.
3. You have the right to quiet enjoyment of the property. This means that the landlord cannot interfere with your right to peaceful use and enjoyment of the property.
4. You have the right to have your privacy respected. This means that the landlord cannot enter your home without your permission unless there is an emergency.
5. If you have been paying rent to the landlord and regularly living in the property without any issues, you are entitled to a certain level of notice if the landlord wants you to leave. In New South Wales, this is generally 90 days` notice.
While not having a written tenancy agreement can make things more complicated, it`s important to remember that you still have rights as a tenant. In order to protect yourself, it`s generally a good idea to try and establish some sort of agreement with your landlord, even if it`s just a verbal one. This can help to avoid misunderstandings and disputes down the track.
If you find yourself in a situation where you don`t have a tenancy agreement, it`s a good idea to seek legal advice. An experienced lawyer can help you understand your rights and responsibilities and ensure that you are protected under the law.