New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 65C

65C Breaches of landlord's general obligation--investigation by Secretary

(1) On application in writing by a tenant, the Secretary may cause an investigator to investigate whether the landlord in respect of those premises has breached the landlord's obligations under section 63.

(2) An application may be made under this section only if--

(a) the tenant has requested the landlord by notice in writing to carry out repairs to the residential premises necessary to provide and maintain the residential premises in a reasonable state of repair, and

(b) the written notice contains particulars of the repairs, and

(c) the landlord has, without reasonable excuse, refused or failed to carry out, or carry out satisfactorily, the repairs, and

(d) the application is accompanied by the fee (if any) prescribed by the regulations.

(3) If, after an investigation is completed, the Secretary is satisfied that the landlord has breached the landlord's obligations under section 63, the Secretary may, by notice in writing, order the landlord to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a
"landlord rectification order" ).

(4) A landlord rectification order--

(a) may specify conditions to be complied with by the tenant before the requirements of the order must be complied with, and

(b) may specify stages in which the requirements of the order must be complied with, and

(c) must specify a date by which the requirements of the order must be complied with or a date by which the requirements of any stage of the order must be complied with, subject to the tenant's compliance with any condition referred to in paragraph (a), and

(d) must state the reasons for the Secretary's decision to make a landlord rectification order, including particulars of the results of the investigation, and

(e) must indicate that the tenant and the landlord each has a right to apply--

(i) to the Secretary for a review of the Secretary's decision to issue a landlord rectification order or the terms of the landlord rectification order, or

(ii) to the Tribunal in respect of the matter giving rise to the making of the landlord rectification order, and

(f) must indicate that the order will be suspended if the matter giving rise to the order becomes the subject of an application by the tenant or landlord to the Secretary or Tribunal.

(5) The Secretary must provide the tenant with a copy of the landlord rectification order.

(6) A landlord rectification order may be amended by a further order of the Secretary on the application of the landlord or tenant made within 7 days of the date of the landlord rectification order.

(7) If an application is made under subsection (6), the landlord rectification order is suspended until the Secretary determines the application.

(8) The landlord must comply with the requirements of a landlord rectification order.

: Maximum penalty--20 penalty units.

(9) This section does not affect any other rights of the tenant or landlord under this Act for breaches of the residential tenancy agreement.