New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 65C
Breaches of landlord's general obligation--investigation by Secretary
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
(c) the landlord has, without reasonable excuse, refused or
failed to carry out, or carry out satisfactorily, the repairs, and
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--
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
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
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
(9) This section does not affect any other rights of the tenant or
landlord under this Act for breaches of the residential tenancy agreement.
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