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Chapter 8: Accommodation
Rights in Different Types of Accommodation
Owners of houses, units or flats
Private Rental Housing
The Residential Tenancies Act
Tenants' rights and obligations
Rent Increases
Termination of Agreements
Share Housing
'Protected Tenants'
Financial Assistance in Private Rental Housing
Residential Parks
Rent Increases
Termination of Agreements and Park Closures
Social Housing
Public Housing
Aboriginal Housing
Community Housing
Co-operative Housing
What is Boarding and Lodging?
Rights and Obligations of Boarders and Lodgers
Licensed Boarding Houses
Crisis Accommodation
Accommodation Dispute Resolution
To Register a Dispute with the CTTT
How much does an application cost?
The hearing
Can I get an interpreter?
What if the person cannot be there?
CTTT orders
Discrimination and Accommodation
The Tenants' Union
Home and community care
What are Home and Community Care (HACC) Services?
Who is eligible?
How much will it cost?
What HACC services are available?
The Aged-Care Rights Service (TARS)
Services
Other Contacts

NB: This chapter has been prepared with the assistance of the Tenants' Union of New South Wales.

Everyone in our community has the right to live somewhere safe and secure. This chapter sets out  the different types of accomodation that are available, and the different rights and obligations people have in each. It also sets out the main forums for the resolution of disputes about discrimination and accomodation, providing a list of relevant contacts.

Rights in Different Types of Accommodation

The following types of accomodation are discussed below:

• Home owners of houses, units or flats
• Private rental housing
• Social housing
• Boarding and Lodging
• Crisis Accomodation
• Retirement Villages and Nursing Homes.

Gurdianship and financial management issues may also be relevant to a person's accomodation - see Chapter Five for more information.

Owners of houses, units or flats

People with mental illness have the same rights to privacy, quiet enjoyment, and the use of their home as others. They also have the same responsibilities as other people who own their houses or units, such as keeping up mortgage payments and paying rates.

Private Rental Housing

The NSW Anti-Discrimination Board discusses accomodation rental rights on its website. According to this site:

• Rental accommodation includes self-contained houses, units or flats, hotel or motel rooms, caravans and commercial premises.

• You have the right to rent accommodation in the same way as people who don’t have a disability. If you can pay the rent and look after the accommodation adequately, you have the same right to the accommodation as anyone else. They must not refuse you accommodation because other tenants or others living nearby might be offended or troubled by your disability.
  

• They must not put you on a waiting list for any longer than people who don’t have a disability.

• They can only refuse you accommodation because of your (or your relative’s or associate’s) disability: 

You have the right to rent accommodation on the same terms as people who don’t have a disability. For example:

• the accommodation provider must not make you pay extra rent or a larger bond just because of your (or your relative’s or associate’s) disability — even if they are providing you with special services or facilities

• they must not give you a shorter tenancy or evict you just because of your (or your relative’s or associate’s) disability; and

• they must not harass you just because of your (or your relative’s or associate’s) disability.
  

The Residential Tenancies Act

Most people who rent their accommodation are tenants under the Residential Tenancies Act 1987. The Residential Tenancies Act sets out the types of agreements, persons and premises covered by the Act, the respective rights and obligations of landlords and tenants, and how residential tenancy agreements may be terminated. For more information, contact your local Tenants Advice and Advocacy Service, and see the Tenants’ Union’s factsheets and other information at www.tenants.org.au

Residential tenancy agreements may be written or oral, or partly written and partly oral. In any case, the Residential Tenancies Act provides that all residential tenancy agreements have the effect of the standard form of residential tenancy agreement prescribed under the Act. This means that even where there is no written agreement between parties, or where the agreement is in another form (for example, where it is in the form of a lodger’s licence), the agreement may still be covered by the Residential Tenancies Act. Also, a residential tenancy agreement may have additional terms to those of the standard form of agreement, but the additional terms are void if they are inconsistent with those of the standard form. The standard form of agreement also includes a condition report for the premises, to be completed by each party.

The Residential Tenancies Act also provides that where the fixed term of a tenancy agreement (usually six or 12 months) expires, the agreement automatically becomes a continuing agreement on the same terms (but without the fixed term).

Tenants' rights and obligations

Under the Residential Tenancies Act, it is a term of every residential tenancy agreement that the landlord:

• give the tenant a copy of the residential tenancy agreement

• pay all rates, taxes and charges (except electricity, gas and excess water)

• warrants that there is no legal impediment to occupation of the premises as a residence

• provide and maintain the premises in a state of reasonable repair

• provide and maintain locks and other security devices as are necessary to ensure that the remises are reasonably secure

• not interrupt the tenant’s quiet enjoyment of the premises

• not interfere with the tenant’s reasonable peace, comfort or privacy

• may enter the premises in the following circumstances only: with the tenant’s consent (no notice required); in an emergency (no notice required); in an emergency (no notice required); if the landlord believes the premises have been abandoned (no notice required); in accordance with an order of the Tribunal; to inspect the premises (7 days notice, and not more than 4 times in 12 months); to carry out repairs or install a smoke alarm (2 days notice); to show the premises to prospective purchasers or mortgagees (‘reasonable notice’ on a ‘reasonable number’ of occasions). In relation to the last four circumstances, the landlord may not enter on a Sunday or a public holiday, or outside the hours of 8 am to 8 pm, except with the tenant’s consent.

Under the Residential Tenancies Act 1987 it is a term of every agreement that the tenant:

• not use the premises for an illegal purpose, cause or permit a nuisance, or interfere with the reasonable peace, comfort and privacy of a neighbour

• keep the premises reasonably clean

• notify the landlord of any damage to the premises

• not intentionally or negligently damage the premises, and leave the premises at the end of the tenancy in as nearly as possible the same condition, except for fair wear and tear, as set out in the condition report

• not alter or add any fixture to the premises, or remove a fixture from the premises, without the landlord’s written consent.

Note that tenants are liable for breaches of these obligations by other persons who are lawfully on the premises, such as other ousehold members and guests.

The Residential Tenancies Act also provides limits on reservation fees, rent in advance and other charges, and requires that landlords keep rent records and give rent receipts.

Rental bonds are regulated by the Landlord and Tenant (Rental Bonds) Act 1977, which limits the amount of money that landlords may require as a bond, and requires that landlords lodge bonds with Renting Services (part of the Office of Fair Trading). The Landlord and Tenant (Rental Bonds) Act also prohibits landlods from requiring other forms of security, such as guarantess from the tenant's family members.

Rent Increases

Under the Residential Tenancies Act, a landlord may increase the rent by giving 60 days written notice. If the agreement is a fixed term agreement, the landlord may not increase the rent unless the agreement includes an additional term allowing for the increase (and most agreements do not contain such an additional term). If the tenant considers the notified rent increase to be excessive, they may apply to the Consumer, Trader and Tenancy Tribunal for an order limiting the rent to an amount set by the Tribunal for a period of not more than 12 months. In determining whether to make an order, the Tribunal will consider primarily the general market level of rents, and may consider other factors.

Otherwise, there is no legislated limit as to the frequency of rent increases, or the amount of an increase.

Termination of Agreements

The Residential Tenancies Act sets out the circumstances in which a tenancy agreement is terminated. Most tenancy agreements are terminated when one party (usually the tenant) gives the other party a notice of termination, and the tenant moves out. Giving a notice of termination does not, by itself, terminate a tenancy. If a tenant remains in the premises after the date given in a notice of termination, the tenancy remains, and if the landlord wants to force the tenant to move out, they must apply to the Consumer, Trader and Tenancy Tribunal for an order terminating the tenancy.

The period of notice required depends on which party is giving the notice, and the grounds (if any) for the notice:

Notice given by	Grounds	Period required
Tenant	End of fixed term	14 days
	Landlord’s breach	14 days
	Frustration (premises uninhabitable)	immediate
	No grounds (continuing agreements only)	21 days
Landlord	End of fixed term	14 days
	Tenant’s breach	14 days
	Frustration (premises uninhabitable)	immediate
	Sale of premises (continuing agreements only)	30 days
	No grounds (continuing agreements only)	60 days

The Residential Tenancies Act sets out rules relating to the content and service of termination notices. For more information about termination notices, see your local Tenants Advice and Advocacy Service.

In some circumstances, a party can apply to the Consumer, Trader and Tenancy Tribunal for order terminating the tenancy without first giving a notice of termination. These circumstances include where the agreement would, if allowed to continue, cause undue hardship to the landlord or the tenant; or where the tenant has caused, or is likely to cause, serious damage to the premises or injury to the landlord.

Where a landlord applies for an order of termination, the Tribunal will call both parties to a hearing. The Tribunal will first attempt to conciliate between the parties. If the parties cannot agree, the matter will be determined by the Tribunal. In most situations, the Tribunal is required to consider the circumstances of the case, and will hear from both parties as to whether the tenancy should be terminated and, if so, when the tenant should be required to move out.

Share Housing

Depending on the circumstances, the legal relationship between people who share rental housing may be that of:

• co-tenants – that is, the housemates are jointly tenants of the landlord. Co-tenants are jointly and severally liable – that is, the landlord may hold each co-tenant liable for the whole of the agreement.

• subtenant and headtenant – that is, one of the housemates is a tenant of another housemate. This is, in law, a tenant-landlord relationship, with all the rights and obligations of a residential tenancy agreement.

• lodger and headtenant – that is, one of the housemates is a lodger of another housemate. This is, in law, a lodger-landlord relationship, as discussed below.

Large share households may include a combination of these relationships. For more information about share housing, contact your local Tenants Advice and Advocacy Service, and see Redfern Legal Centre’s ‘Share Housing Survival Guide’ at www.rlc.org.au/sharehousing/

'Protected  Tenants'

A very small number of tenants are not covered by the Residential Tenancies Act 1987, and are instead covered by the Landlord and Tenant Amendment Act 1948. These tenants are often called ‘protected tenants’ because the Landlord and Tenant Amendment Act 1948 contains strong protections against evictions and rent increases. Protected tenants are almost invariably older persons, and their rented premises are old. No new protected tenancies have been created since 1986, although in some instances a protected tenancy may be inherited by another household member.

The law of protected tenancies is complex. Persons who are unsure as to whether they might be a protected tenant should seek advice. Protected tenants should seek advice before vacating or leaving their premises temporarily (for example, to go into hospital or a residential treatment facility). Contact the Older Person’s Tenants Service or your local Tenants Advice and Advocacy Service for information (See Chapter 17: Contacts).

Financial Assistance in Private Rental Housing

Persons who rent their housing and who receive a Centrelink payment or Family Tax Benefit may be eligible for Rent Assistance. Rent Assistance is an additional payment that is paid with a person’s payment or benefit. The amount of Rent Assistance paid depends on the person’s rent, household structure and income. Contact Centrelink for more information and to make an application. See chapter 9 for more information about Centrelink payments.

The NSW Department of Housing assists persons in private rental housing through its Rentstart program. Persons who are eligible for social housing (see ‘Social housing’, below) may receive Rentstart assistance to help pay a bond for private rental housing, or to help pay rent arrears during a tenancy. Contact the NSW Department of Housing for more information and to make an application for Rentstart..

Residential Parks

Residential parks include caravan parks and manufactured home estates, and provide long-term accommodation to a significant number of people. Some residents of residential parks own their dwelling and rent the site on which it sits (‘owner-renters’); others rent both the dwelling and the site (‘renter-renters’). The Residential Parks Act 1998 covers each type of resident. However, residents of caravans and campervans that do not have a rigid annex may not be covered by the Residential Parks Act for up to 60 days.
The Residential Parks Act is similar to the Residential Tenancies Act 1987, but there are many important differences. Contact the Park and Village Service or your local Tenants Advice and Advocacy Service for more information. (See Chapter 17: 'Contacts')

Rent Increases

The Residential Parks Act deals with rent increases in a similar way to the Residential Tenancies Act 1987, with some differences. An important difference is that park residents cannot apply for an order that a rent increase is excessive where the rate of the increase is not more than the increase in the Consumer Price Index since the last rent increase.

Termination of Agreements and Park Closures

The Residential Parks Act deals with terminations in a similar way to the Residential Tenancies Act 1987 with some important differences, especially in relation to residential site agreements. Under the Residential Parks Act, a park operator may give an owner-renter a notice of termination on the following grounds:

• non-payment of rent (14 days)

• the resident’s dwelling is dilapidated and the park operator has given the resident 90 days to repair the dwelling (60 days)

• serious or persistent breach by the resident (14 days)

• repairs or upgrading required by an order or Act (90 days)

• change of use of the land from a residential park, and: the change has received development approval (12 months), or where development approval is not required, the Tribunal consents to the notice being given (12 months). 

In relation to the last two grounds (that is, repairs or upgrading and change of use), the resident may be entitled to compensation from the park operator, and may be able to take other legal proceedings in relation to the park operator’s proposed action. Contact the Park and Village Service or your local Tenants Advice and Advocacy Service for more information (See Chapter 17: 'Contacts').

A park operator may not give an owner-renter a notice of termination without grounds.In most respects, the termination of renter-renters’ agreements is similar to the termination of agreements under the Residential Tenancies Act.

The amount of accommodation provided by residential parks is decreasing as parks are redeveloped for other forms of accommodation. Park closures cause large-scale upheaval and place demands on support services. For more information on what to do when a park operator proposes to close a park, contact the Park and Village Service.

Social Housing

Social housing is rental housing owned or managed by the government or a community organisation, and which is available to eligible persons. In New South Wales, social housing comprises:

• public housing, which is owned or managed by the NSW Department of Housing

• Aboriginal housing, which is owned by Local Aboriginal Land Councils, or owned by the Aboriginal Housing Office and managed by the Department of Housing

• community housing, which is managed by community organisations called community housing associations

• co-operative housing, which is managed by organisations of tenants.

Social housing tenants are covered by the Residential Tenancies Act 1987, and in most respects they have the same rights and obligations as tenants of private rental housing. The Residential Tenancies Act does, however, make some provisions that are specific to social housing tenancies, and some that are specific to public housing tenancies. For more information, contact your local Tenants Advice and Advocacy Service (See Chapter 17: 'Contacts').

Some aspects of social housing – such as decisions about eligibility, allocations and rent subsidies – are not dealt with by the Residential Tenancies Act or the Consumer, Trader and Tenancy Tribunal. These sorts of matters may be dealt with through the landlord’s own procedures for reviewing decisions, and by the Housing Appeals Committee.

Public Housing

Most social housing is public housing, which is provided by the NSW Department of Housing. The Department is the largest landlord in New South Wales, with about 130 000 properties throughout the State. At the time of writing (August 2006), the Department is implementing a series of reforms called ‘reshaping public housing’, which will change important aspects of the way public housing works. The detail of some of these changes have yet to be developed: see the Department of Housing for updates.

To be eligible for public housing, a person’s total household income must not exceed certain thresholds published by the Department of Housing. As part of ‘reshaping public housing’, the Department of Housing is changing the way it assesses eligibility. The new eligibility regime will require that a person demonstrate that, in addition to satisfying the income criteria, they have a ‘complex housing need’ or cannot access affordable housing in an area. A person’s mental illness and their need for support services may be relevant to demonstrating a complex housing need. See the Department of Housing for more information.

The Department is also changing the way is prioritises allocations of properties to eligible persons. A person’s mental illness and support needs may be relevant to their position on the Department’s waiting list. See the Department of Housing for more information.

Traditionally, public housing tenants have enjoyed security of tenure – that is, they may remain tenants of the Department as long as they like, provided they keep to their tenancy agreements. However, as part of 'reshaping public housing', persons who have become public housing tenants after 1 July 2005 will not have security of tenure, and will instead be offered fixed term agreements. The length of the fixed term will depend on the tenant’s circumstances – the person’s mental health may be relevant to this. Towards the end of each fixed term, the Department will conduct a review of the tenant’s circumstances, including their income, and determine if the tenant remains eligible.

Most public housing tenants receive a rent subsidy from the Department of Housing so that they pay about 25-30 per cent of their total household income in rent. It is important that public housing tenants keep the Department informed of any changes to their household or their income, because the Department can cancel rent subsidies if it believes that it has not received correct information.

Public housing tenancies are similar to private rental tenancies in most ways. Public housing tenants are subject to different provisions including in relation to rent increases, water charges, anti-social behaviour and ‘acceptable behaviour agreements’, and additional grounds for termination.

The Department of Housing also operates two schemes that subsidise eligible persons rent in private rental housing. Special Assistance Subsidy – Disability is available to eligible persons who cannot be allocated a public housing dwelling that is suitable to their disability. Special Assistance Subsidy – Special is available to eligible persons with HIV/AIDS.

Aboriginal Housing

Most Aboriginal housing is owned and managed by Local Aboriginal Lands Councils (LALCs). Each LALC determines who is eligible for housing and rent subsidies. At the time of writing, the NSW Aboriginal Lands Council is reviewing how LALCs manage their housing and considering options for different forms of management.

The Aboriginal Housing Office (AHO) owns about 4 500 properties, which are let to eligible Aboriginal households and managed by the Department of Housing. Not all Aboriginal tenants of the Department of Housing are housed in AHO properties – in fact most are housed in properties owned by the Department. In most respects the management of AHO properties is the same as public housing: for example, the ‘reshaping public housing’ reforms apply to AHO properties. However, some Department of Housing policies do make special provision for the circumstances of Aboriginal tenants. These special provisions apply to Aboriginal tenants of Department-owned properties, and tenants of AHO-owned properties.

Community Housing

Community housing is like public housing in that is provides tenancies at subsidised rents to eligible persons. Unlike public housing, community housing properties and tenancies are managed by community organisations. There are more than 40 community housing associations operating throughout New South Wales. Also, unlike with public housing, community housing tenants may be eligible for Rent Assistance.

To be eligible for community housing, a person is usually required to be eligible for public housing, though some community housing associations offer a small amount of accommodation to people whose income is above the public housing eligibility thresholds. Community housing associations have their own waiting lists, and their own policies for determining priority of allocations.

At the time of writing, it is unclear how the ‘reshaping public housing’ reforms will affect community housing.
For more information about community housing, contact the NSW Federation of Community Housing Associations.

Co-operative Housing

Co-operative housing provides tenancies to persons who are also members of the co-operative (‘co-op’) that manages the properties and tenancies. There are about 50 co-ops throughout New South Wales. Co-ops are often organised around a shared identity or interest: for example, some are co-ops based on a shared ethnic background, and others are for people with disabilities.

A person’s eligibility for membership and, therefore, housing in a co-op is determined by the co-op. Co-ops usually have members who receive a range of incomes, and the co-op subsidises the rent of lower-income members. Members are expected to participate in the management of the co-op, which may include allocating properties, managing the co-op’s finances and getting repairs done.

For more information about co-ops, contact the Association to Resource Co-operative Housing (ARCH).

What is Boarding and Lodging?

Boarders and lodgers are persons who pay to occupy premises as a residence, but the landlord retains control over the premises. Typically the landlord or a caretaker exercise control by being physically present and setting rules at the premises. Often the landlord or caretaker will also perform services, such as cleaning and providing meals (a boarder receives meals with their accommodation; a lodger does not).

Boarders and lodgers are expressly excluded from the Residential Tenancies Act 1987, and are not covered by any other tenancy legislation. The terms of boarders and lodgers agreements (often called ‘licences’) are left up to the parties: in practice, this means the landlord sets the terms.

Sometimes persons who are described as boarders or lodgers are actually tenants. Even if the building a person lives in is called a boarding house, or they have an agreement in the form of a lodgers licence, the person may still be a tenant. The key test is the control exercised by the landlord over the premises. Persons who are unsure as to whether they are a boarder or lodger or a tenant should seek advice from their local Tenants Advice and Advocacy Service (See Chapter 17: 'Contacts').

Rights and Obligations of Boarders and Lodgers

The rights and obligations of boarders and lodgers are set out in their licences. Where the licence is not in writing, it may be oral. Where there is uncertainty as to the terms of a licence, the law will regard the licence as having such terms as the parties reasonably intended, and such terms as are necessary to make the licence effective. In most cases boarders and lodgers are also required to observe ‘house rules’ set by the landlord.

Boarders and lodgers are often required to pay bonds and other charges, such as ‘key money’, at the start of their agreements. There is no legislative requirement that bonds be lodged, or receipts given, but individuals are advised to request and keep receipts where possible.

The periods of notice required for rent increases and termination are determined by the licence. If the licence does not set out the periods of notice, the law generally regards the required period as being the same as the period for which rent is paid (that is, if the rent is paid fortnightly, the landlord should give two weeks’ notice of any rent increases, and two weeks’ notice of termination).

A boarder or lodger who stays past the date in a notice of termination may be evicted by the landlord. The landlord does not need a court order or warrant, and may carry out the eviction themselves or with the assistance of the police.

Licensed Boarding Houses

Licensed boarding houses (also called ‘licensed residential centres’, or LRCs) provide accommodation to people with disabilities, including mental illness. Under the Youth and Community Services Act 1973, premises that provide accommodation to two or more people with disabilities and who need supervision or social habilitation are required to be licensed by the Department of Ageing, Disability and Home Care (DADHC). These licenses include conditions relating to the standard of accommodation and care provided by the LRC. DADHC is responsible for monitoring LRCs and ensuring that they comply with licence conditions.

Most boarding houses are not licensed under the Youth and Community Services Act, including many that accommodate people with disabilities. To make a complaint about an LRC, or an unlicensed boarding house, contact DADHC, or contact People with Disability for more information (See Chapter 17: 'Contacts').

Crisis Accomodation

Crisis accommodation includes refuges, shelters and other short- to medium-term accommodation provided to persons who are homeless or at risk of becoming homeless. Much of this accommodation is provided by agencies funded under the Supported Accommodation Assistance Program (SAAP), which often provide other services such as living skills development, support and outreach.

Most residents of crisis accommodation are boarders or lodgers, but some may be tenants under the Residential Tenancies Act 1987, depending on the circumstances. Accommodation providers usually have policies as to the types of persons they will accommodate – for example, many refuges will accommodate women and children only – but they must not unlawfully discriminate against persons, including on grounds of mental illness. Accommodation providers also usually have house rules that residents must observe: for example, no alcohol on the premises, or no male visitors to the premises.

The City of Sydney operates a Homeless Persons Information Centre and other services to assist homeless persons find accommodation. Contact the City of Sydney Homeless Persons Information Centre toll free on 1800 234 566 for more information and referrals.

Accomodation Dispute Resolution

The primary forum for disputes about accommodation in New South Wales is the Consumer, Trader and Tenancy Tribunal (CTTT). The CTTT hears disputes between landlords and tenants under the Residential Tenancies Act 1987, park operators and residents under the Residential Parks Act 1998, and proprietors and residents under the Retirement Villages Act 1999. Boarders and lodgers may also be able to have some disputes heard in the General Division of the CTTT by making an application under the Consumer Claims Act 1993.

The CTTT has power to make legally binding orders, and many of its procedures are similar to those of a court. The CTTT is, however, different from a court in a number of ways. It is less formal than a court: lawyers are not entitled to represent parties without the permission of the CTTT, so parties generally represent themselves. There are exceptions: landlords whose property is managed by a real estate agent are generally represented by the agent. Also, the CTTT may appoint a representative where a person is totally or partially incapable of representing himself or herself in proceedings because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled. Where a tenant is assisted by an advocate from a Tenants Advice and Advocacy Service, the CTTT may give permission for the tenant to be represented by the advocate in proceedings.

The CTTT resolves disputes relatively cheaply and speedily. It is required to conduct its procedures fairly, but it will determine disputes where a notified party is absent. In limited circumstances, a party to proceedings may apply for the Tribunal to rehear a matter if the Tribunal did not fairly deal with the matter. Where a party believes that the Tribunal has made a legal error in a decision, the party may appeal to the Supreme Court.

To Register a Dispute with the CTTT

To register a dispute with the CTTT, a person needs to complete and lodge an Application for an Order form with the CTTT, giving details of the case. These forms are accessible online at http://www.fairtrading.nsw.gov.au/cttt/howtomakeanapplication.html
Renting Services staff (of The Office of Fair Trading) can assist to fill in the form. To contact the  Office of Fair Trading visit this online address: http://www.fairtrading.nsw.gov.au/default.html

How much does an application cost?

The application fee is $31 for a general application or $5 for full-time students who receive government financial assistance and for people receiving government pensions or benefits. The CTTT does not usually award costs.

The hearing

The Registrar of the CTTT will send a notice about the date, time and place of the hearing. The hearing is usually within 14-21 days of the Registrar receiving the application for an order and the filing fee. For cases in regional NSW the hearing is usually within 28 days of an application being lodged.

Tenants are first asked to conciliate – that is, to try and come to an agreement. Tenants and landlords must exchange all copies of their documents before the hearing. If the tenant and landlord cannot reach an agreement then the member will ask both parties to tell their side of events and present their evidence. After all the evidence has been presented, the member will make a decision.

Hearings are usually informal. However, formal hearings can be held where witnesses are needed and evidence is given on oath. When someone applies to the CTTT, it is up to them to prove their case, except when the dispute involves the bond, and then it is always the landlord who must prove damage or rent owing or loss because of a breach of agreement. Both parties will be sent a typed copy of the CTTT orders within 7-10 days.

Can I get an interpreter?

If someone needs an interpreter they should contact the registry at the CTTT before the date of the hearing. Interpreters are free of charge. If you are applying for a hearing you should specify that you need an interpreter in the application form (you will see that there is a section of the form that deals with this. If you are the respondent in a case you should notify the CTTT of your need for an interepreter as soon as possible. This should be done in writing.

What if the person cannot be there?

A person must contact the registry of the CTTT if they feel they cannot be present for a hearing or if they want to change the time of (adjourn) the hearing.
If the person does not advise the registry, they may have costs awarded against them, or the case may be dismissed.  They must have a good reason for not attending at the appointed time (work and study are not considered an adequate excuse.

If you suffer from a mental illness and would like to receive an adjournment of your hearing for reasons associated with this illness, you should provide a written authority from your medical pratitioner (GP, psychiatrist, psychologist etc.) explaining that this is the case. Make sure that you request an adjournment as soon as possible, and that the adjournment is confirmed by written notice from the CTTT.

You can also give someone your written authority to appear for you at your hearing, to argue your case, or to apply for an adjournment. This person might be a carer, relative, friend, or community worker. Make sure that you communicate your needs clearly to this person, so that they are able to serve your best interest.

The CTTT, under section 36 (subsection 6) of the Consumer Trader and Tenancy Tribunal Act 2001, has the power to appoint someone to represent what is called, in the act,  a "special class of person". A special class of person is defined as "a person who is totally or partially incapable of representing himself or herself in proceedings because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled". People with mental illness may be classified within this category, and must give their consent if they are to be represented in this way. Where the individual canno provide their representative with coherent instruction, the representative should always endeavour to make contact with the individual's carer or the like in order to see that the individual's best interests are properly served. 

CTTT orders

When the CTTT hears the case, it makes a decision about what should be done and gives the reasons for its decision. This decision is called an order. Everyone must obey these orders because they are legally binding. For example, if the CTTT orders money to be paid, the order can be enforced in the Local Court.

The CTTT can make orders about:

• Fees paid to reserve tenancy agreement;
• Rent;
• Who can enter the premises;
• Rights to privacy;
• Ending an agreement;
• Rental bonds;
• Repairs to the value of $10,000; and/or
• Obeying the agreement
• Termination of residential tenancy agreements.

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Discrimination and Accomodation

It is generally against the law to discriminate against a person in the provision of accommodation because the person, or an associate of the person (such as a household member) has a disability (including mental illness). Acts of unlawful discrimination may include refusing accommodation to a person, terminating a person’s accommodation, or imposing different conditions on a person (for example, a higher rent or bond, or a shorter fixed term) because they have a disability.

There are some instances in which discrimination because of a person’s disability is lawful. These include where:

•    it would cause the accommodation provider unjustifiable hardship to accommodate the person (including where the person requires special services and facilities, and it would cause unjustifiable hardship to provide them).

•    the accommodation is provided by a not-for-profit body especially for persons with a disability that the person does not have.

•    the accommodation provider (or a relative of the provider) lives in the accommodation, and the accommodation is to be shared with fewer than six people.

There are provisions relating to discrimination in the provision of accommodation under both the Anti-Discrimination Act 1977 (NSW), which is administered by the Anti-Discrimination Board, and the Disability Discrimination Act 1992 (Commonwealth), which is administered by the Human Rights and Equal Opportunity Commission. Each of these agencies investigates complaints of discrimination and attempts to conciliate between parties.

The Tenants’ Union

The Tenants’ Union is a specialist Community Legal Centre that represents the interests of private and public tenants, boarders and lodgers and residential park residents in NSW. The Union represents these interests by:

• Engaging tenants in a democratic organisation
• Providing quality legal advice and information services to tenants in NSW
• Raising awareness of tenants rights, developing policy solutions to housing problems and conducting lobbying and reform activities in support of better housing
• Supporting the work of tenancy organisations, and
• Operating an efficient and productive secretariat.

In order to achieve these outcomes, the Tenants' Union provides Tenants' Advice and Advocacy Services. These are independent independent tenancy services based in community organisations throughout urban and regional NSW. Tenancy advisors in these services are well trained and work with other tenancy advocates in a network of services throughout the state. TAAP services:

• Are funded by the Rental Bond Board Interest Account and the Property Services Statutory Interest Account (formerly the Real Estate Agents Trust Account) under the Tenants Advice and Advocacy Program of the NSW Office of Fair Trading
• Help tenants with problems with Real Estate Agents, Landlords and the Department of Housing, Community Housing Providers and Residential Park Managers
• Include specific services for Aboriginal Tenants, Older tenants and Residential Park Tenants
• Actively provide information to Non-English speaking groups and agencies that work with vulnerable tenants
• Provide phone advice to tenants in their local areas and participate in the Tenants Union Hotline
• Provide a series of tenancy Fact Sheets and other publications to tenants
• Assist with the preparation of submissions to the Residential Tribunal.

To locate your local Tenancy Advice and Advocacy Service follow this link... or see Chapter 17: 'Contacts'.

Home and community care

What are Home and Community Care (HACC) Services?

The HACC Program is jointly funded by Commonwealth and State Governments. It provides a range of support services to frail older people, younger people with a disability and their carers to allow them to remain at home and to prevent inappropriate or premature admission to residential care.
In NSW, the Department of Ageing Disability and Home Care (DADHC) administers the HACC Program.
Contact details for the Department of Ageing, Disability and Home Care (DADHC) ssee the entry for HACC in the 'Accomodation' section of Chapter 17: 'Contacts'.

Who is eligible?

•    Frail older people
•    People with a disability, and
•    Their carers
may be eligible to receive HACC services.

How much will it cost?

Each HACC service has its own policy on fees, but most require a small contribution depending on the client’s situation. Special consideration is given to people with limited finances. 
A HACC client will never be refused access to services due to an inability to pay.

What HACC services are available?

Domestic Assistance Services provide assistance with household tasks such as cleaning, dishwashing, clothes washing, ironing, shopping and bill paying.

Personal Care Services offer assistance with daily self-care tasks including bathing, toileting and dressing and prescribed exercise and therapy programs.

Respite Care Services provide the carer with an opportunity to have a rest or attend to other family responsibilities.

Home Maintenance provides maintenance and repair to the homes, gardens and yards to keep the home in a safe and habitable condition. This can include carrying out regular lawn mowing or other garden upkeep, removal of rubbish from yards and facilitating access to qualified tradespeople to carry out minor dwelling repairs and maintenance such as changing light globes and fixing door locks.

Home Modification is assistance with modifications and repairs to keep the home in a safe and habitable condition. This can include installing safety ramps, support rails in the bathroom, and widening doorways.

Transport Services assist with shopping and doctor's appointments and may also include transport for people to visit friends and attend social activities. Assistance with transport may be provided either directly or indirectly (eg, taxi voucher or subsidies, or brokered through other transport providers).

Meals Services assist with meeting a client's daily nutrition requirements. People with special dietary needs for health, religious or cultural reasons can have special meals arranged.

Home Nursing - A trained nurse can visit frail older people or people with disabilities in their homes to improve or maintain their health. This may  include teaching individuals and carers how to best manage their daily health care in the home environment, clinical assessment of a client, coordination of home care services and monitoring of an individuals health status and/or care plan, and direct clinical nursing care.

Social Support Services are provided by a paid worker or volunteer to meet the need for social contact and/or to assist a client to participate in community life. Social support services can be undertaken within the home environment or while a person is accessing community services or facilities. 

Social Support Services when applied as Dementia Monitoring, monitors the health and well-being of people with dementia and offers social support to those people.  The service also provides feedback to case managers about other support services being provided for individual clients.  The aim is to maximise the ability of individuals to remain living independently.

Allied Health Services assist a client to maintain their independence, mobility and ability to lead a normal life at home. They include physiotherapy, podiatry, speech therapy and occupational therapy.

Home and Community Care Program
6 Parkes St
Parramatta NSW 2150

Phone: (02) 9689 2666
Seniors Information Service: 13 12 44
Translating and Interpreting Service: 131450
Web: www.homecare.nsw.gov.au

The Aged-care Rights Service (TARS)

General statement: The Aged-care Rights Service (TARS) is a community legal centre that provides advocacy for the residents of Commonwealth funded hostels and nursing homes, self-care retirement villages and recipients of in-home aged care in NSW. We also give information on the costs associated with entering an aged care facility and give advice on retirement village contracts.

TARS provides education for the residents and staff of aged care facilities and retirement villages, professional groups that work in aged care and community groups of seniors interested in learning about the rights of people receiving aged care services.

TARS is funded by Commonwealth and NSW government departments.

Services

All legal services provided by TARS are free and strictly confidential. The types of services include:

• Telephone advice;
• Advocacy and negotiation;
• Meeting with individual residents and residents’ committees; and
• Assisting clients in hearings and mediation eg Consumer Traders and Tenancy Tribunal and Complaints Resolution Scheme.

Other Contacts

Older Persons Tenants Service
www.cpsa.org.au/OPTS/O_Home.html

Park and Village Service
www.cpsa.org.au/PAVS/P_Home.html

Department of Housing
www.housing.nsw.gov.au

Housing Appeals Committee
www.hac.nsw.gov.au

NSW Federation of Community Housing Associations
http://www.communityhousing.org.au/nswfha

Association to Resource Co-operative Housing
http://www.arch.asn.au/

Department of Ageing, Disability and Home Care
www.dadhc.nsw.gov.au

City of Sydney Homelessness Services
http://www.cityofsydney.nsw.gov.au/Community/HomelessnessServices/Default.asp

People with Disability
www.pwd.org.au

Anti-Discrimination Board
www.lawlink.nsw.gov.au/adb

Human Rights and Equal Opportunity Commission
www.humanrights.gov.au