Residential tenancy complaints

How NSW Fair Trading can help with complaints

The complaint service offered by Fair Trading is a voluntary process between parties involved in a tenancy or real estate or property dispute, and who have been unsuccessful in resolving the issue themselves.

An experienced Fair Trading officer will provide the parties with relevant information to help them to come to a mutual agreement.

The complaint process does not include:

• enforcing orders that need action or payment from either party
• a decision on evidence resulting in a legal determination or an order
• a Fair Trading officer inspecting property to determine fault or attribute blame, which falls outside their role.

Watch the video Help with tenancy problems to understand how the complaints process works. It has examples of cases based on real complaint scenarios.

Residential tenancy matters

Fair Trading can help with matters about:

• residential tenancies where the dispute is between the tenant and the landlord or agent.
• the landlord or agent refusing access to Rental Bonds Online.

Examples of residential tenancy disputes Fair Trading can help with include tenants illegally locked out of their tenancy, or a landlord seeking advice on getting access to have a repair done.

Other property matters

Fair Trading can also help with matters about:

• individuals involved in the sale or purchase of property or stock in NSW
• retirement village residents, owners or operators
• residential land lease community residents, owners or operators
• owners or occupants of strata schemes
• conveyancers
• real estate and property agents.

Matters Fair Trading does not provide dispute resolution for

Fair Trading does not provide dispute resolution for the following matters:

• public or social housing
• urgent health and safety issues
• boarding house residents
• commercial or retail lease disputes
• suspected and/or illegal activity
• termination of agreements
• serious damage to the property
• rental bond disputes.

These matters are generally handled by the NSW Civil and Administrative Tribunal (NCAT).

The NSW Small Business Commissioner handles mediation for retail tenancy and retail bond disputes.

If your issue is with an organisation, contact head office

If you are dealing with an organisation or business, contact the organisation’s head office if you cannot achieve a resolution. Many businesses have their own internal complaint resolution body. They may provide advice or even help to resolve complaints.

How Fair Trading helps to resolve complaints

Fair Trading will contact each party to seek a mutual resolution to the complaint.

If Fair Trading is able to help both parties reach an agreement, it will finalise the complaint without any further intervention.

Parties involved need to be prepared to explain their position and listen to what the other party has to say. The parties will benefit most when each is willing to negotiate and make suggestions.

The time taken to finalise the complaint depends on:

• the parties' availability
• the level of inquiries Fair Trading needs to make.

Fair Trading aims to finalise most complaints within 30 days.

Please keep in mind that:

• If a complaint is complex or the parties do not cooperate, then this time may vary.
• Fair Trading cannot order or direct either party to resolve the complaint. Only a court or a tribunal can do this.

Fair Trading may:

• conduct investigations, if considered appropriate
• take disciplinary action against an identified breach, if Fair Trading administers the relevant laws.

The role of the Fair Trading Officer

The Fair Trading officer will:

• provide impartial advice to the parties with the complaint
• allow all parties to put forward their position
• explain the relevant matters in the complaint
• confirm that all relevant matters have been discussed
• make suggestions about the best way to finalise the complaint, and
• refer strata disputes to Fair Trading's free strata and community mediation service.

The Fair Trading officer will not:

• take sides or represent either party
• continue with the complaint handling process if parties are not willing to reach an agreeable settlement, or
• offer any legal advice.

The complaint process is voluntary and its success depends on parties co-operating. Fair Trading cannot force either party to continue with the complaint process.

What happens if there is no resolution?

Where you cannot reach an agreement, Fair Trading will recommend that you:

• seek independent advice, or
• lodge a claim with the Tribunal.

The Tribunal can make orders which are binding on the parties.

Examples include:

• making a monetary payment
• ending a tenancy agreement
• ordering completion of repair work.

Access Fair Trading's complaint service

If you cannot resolve a residential tenancy matter yourself:

• lodge a complaint online or
• call Fair Trading on 13 32 20