New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 191

191 Matters for consideration by Tribunal in applications relating to security breaches

(1) This section applies to proceedings before the Tribunal relating to a breach of Division 7 of Part 3.

(2) For the purposes of determining whether a landlord has provided residential premises that are reasonably secure, the Tribunal may consider (but is not limited to considering) the following matters--

(a) the physical characteristics of the premises and adjoining areas,

(b) the requirements of insurance companies for allowing the tenant to obtain insurance for property of the tenant kept at the premises,

(c) the likelihood of break-ins or unlawful entry or risks to the tenant's personal safety.

(3) For the purposes of determining whether compensation is payable to a tenant for a breach of the obligation to provide residential premises that are reasonably secure, the Tribunal must consider (but is not limited to considering) the actions taken, or that should reasonably have been taken, by the tenant and the landlord for the security of the premises.