In Australia, everyone has the right to live somewhere safe and secure. Safe, affordable and appropriate housing fis very important for people living with mental health conditions as is being able to access appropriate services. Your rights and responsibilities may vary depending on the type of accommodation you live in.
This section of the Manual sets out the different types of accommodation that are available, and links to where you can go to find out more about your rights and responsibilities relating to each type of accommodation. It also provides information about who to contact and where to get help if you want to complain about your accommodation.
There is also information about where to get support to live in the community and how to deal with problems in housing or accommodation, such as discrimination, a tenancy dispute and problems with neighbours.
In this section of the Manual, you can find out about:
If you own your own home, you have the rights of homeowners to privacy, quiet enjoyment and the use of your own home.
If someone enters your property without your permission, you can ask them to leave. If they refuse, they are trespassing under the law and you can use reasonable forceThe force necessary to prevent someone causing harm to themselves or others. The degree of force used must be proportionate to the degree of threat of harm. More to remove them. A person invited on to your property, for example for gardening or an open house inspection, is only entitled to be there for that purpose and they must leave as soon as you ask them to leave.
You also have obligations, such as keeping up with mortgage payments, payment of bills and local council rates and respecting the rights of your neighbours. Click here for more information about respecting the rights of neighbours.
A tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More, or renter, is somebody who pays the owner of a property for the right to live in that property for an agreed period. The owner of that property is usually referred to as the landlord.
Depending on your type of tenancy, different laws apply to you, and your rights and responsibilities also differ. The main laws and regulations on tenancy in NSW are:
The Residential Tenancies Act 2010 (NSW) and Residential Tenancies Regulation 2019 (NSW) apply to most residential tenancies in NSW. The rights and responsibilities are generally the same whether you are renting from Housing NSW, Aboriginal Housing Office, a community organisation, a private landlord, or you are a permanent resident in a caravan park. These rights and responsibilities apply even if your tenancy arrangement or lease is based on a spoken agreement rather than a written one.
Some accommodation options will also have policies that apply in addition to the law, and you should ask if any of these apply to your tenancy. For example, accommodation provided by community organisations may have certain rules about how common spaces are to be used.
The Residential Tenancies Act 1987 (NSW) and Residential Tenancies Regulation 2019 (NSW) apply to most residential tenancies in NSW, including people renting private housing, and public housing. The Act and Regulations set out the rights of landlords and tenants.
If you are a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More, your basic legal obligations include:
Under the Residential Tenancies Act 2010 (NSW), you have a right to be given a completed Condition Report along with your Residential Tenancy Agreement before you move into the property. The condition report details the state of the property, including the level of cleanliness, repairs, and any fixtures, fittings, furniture or appliances.
You also have the right to be given a TenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More Information Statement before you rent a property. The landlord has a list of things they must inform you about, for example whether they are planning on selling the property you want to rent, or whether it has significant health or safety risks (unless it was very obvious during inspected). Click here to read the Tenant Information Statement.
The standard form for Residential Tenancy Agreement and Condition Report is available for download on the NSW Fair Trading website. Click here to see all the forms available. You should always read your tenancy agreement before signing it and raise questions if you are unsure of anything you are agreeing to.
A landlord or agent must not make false or misleading statements or knowingly conceal certain material facts from a prospective tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More before they sign an agreement. The list of material facts is available in the TenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More Information Statement that a landlord or agent must give a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More before entering into a tenancy agreement.
The Tenants’ Union of NSW, which has a number of useful fact sheets that explain what the NSW law says about specific tenancy issues, including the law about:
Click here to go to the Tenants’ Union of NSW website to see these fact sheets.
Social housing is generally housing that is subsidised by government, and which is provided to people who might be denied access to the private rental market. Social housing includes public housing, community housing and Aboriginal housing.
Public housing is provided and managed by Housing NSW, which is part of the NSW Government. This webpage has information about Housing NSW’s obligations as the landlord, and information about the rights and responsibilities of public housing tenants. There is often high demand for public housing, and therefore there may be long wait times to access public housing.
Community housing is provided by community organisations, sometimes along with special facilities and support services. There are three main types of community housing: housing associations, co-operatives and church-owned housing. Living in Community Housing has information about the rights and responsibilities of community housing tenants and provide help with housing.
Aboriginal housing is provided through an Indigenous-controlled housing system. These properties are owned by the Aboriginal Housing Office and are mostly managed by Housing NSW and Aboriginal community-based housing providers. You must be an Aboriginal or Torres Strait Islander to be eligible for Aboriginal housing. Housing NSW also has information on housing and related services that are appropriate to the needs of Aboriginal people in NSW, click here for more information.
The MyHousing app allows you to view your housing information, make simple account transitions, applications and appeals, request non-urgent repairs and notify the Department of Communities and Justice of a change in your circumstances.
You are considered to be living in share housing if you are living with relatives, friends or others who own or are renting the place, or you are living in a boarding house or lodging. Depending on the share housing arrangement, your legal status, and your tenancy rights vary greatly. If you live with relatives who are parents, brothers, sisters or children, your arrangement may be outside residential tenancy law.
There are three types of arrangement in share housing: co-tenant; sub-tenant; and boarder or lodger. Your rights depend on which arrangement you are in:
The Tenants’ Union of NSW has a fact sheet on ‘Share Housing’, which deals with issues commonly faced by tenants in share housing arrangements. Click here to read the fact sheet.
The distinction between a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More and a boarder/lodger is not always clear, but there are big differences in your legal rights depending on how you are classified. The Residential Tenancies Act 2010 (NSW) applies to tenants, but not to boarders and lodgers. If you live in a commercial boarding house, the Boarding House Act 2012 (NSW) may apply to you.
Sometimes, people living in accommodation described as ‘boarding houses’ or ‘lodgings’ are still considered tenants by the law. The key test is the amount of control the landlord has over the property.
You are likely to be a considered a boarder/lodger if:
Tenants’ Union of NSW has a fact sheet that addresses issues commonly faced by boarders and lodgers, including information on where to get help about a tenancy dispute. Click to read the fact sheet.
If you have a dispute with your landlord and you are unsure whether the Residential Tenancies Act 2010 (NSW) applies to you, you can take your dispute to the ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and Commercial Division of NCAT.
People with DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Australia (PWDA) provides individual advocacy to people living in boarding houses. Click here for more information about what PWDA do.
Residential parks include caravan parks, manufactured home estates, and ‘mobile home villages’. They often provide long-term accommodation for a significant number of people. Some residents of residential parks own their dwelling but rent the site on which it sits; others rent both the dwelling and the site.
The NSW Fair Trading website has useful information about living in residential parks, including the rights of park residents, things to consider before signing up or moving out, where to get help to handle disputes, and the Assistance Protocol for Residential Park Closures.
Contact Tenants’ Union of NSW local service, if you would like information about your rights and responsibilities, or advice about your tenancy status. Click here to find your nearest service.
Click here for the NSW Fair Trading webpage for tenants.
Legal Aid NSW has a housing law team, and you can contact Legal Aid NSW by calling 1300 888 529.
*Mobile phone calls to freecall numbers (numbers starting with 1800) and to Local call numbers (numbers starting with 1300) are charged to the caller at the usual mobile rate.
There are a number of legal protections for you if you are a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More experiencing domestic violence.
If you or your dependent child are experiencing domestic violence, you can end your tenancy immediately and you will not be penalised (for example, you will not be charged a break fee). You just need to give a domestic violence termination notice to the landlord or their agent with one of the following types of evidence:
There are privacy protections for the information you provide with a domestic violence termination notice to your landlord or their agent. For example, your landlord cannot list you on a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More on a tenancy database if you ended a tenancy in circumstances of domestic violence.
You also need to provide a domestic violence termination notice to other co-tenants.
If the perpetrator is a co-tenant and there is a final ADVO that excludes the perpetrator from accessing the property, their co-tenancy will automatically end. The tenancy simply transfers to any remaining co-tenant(s) named on the agreement. If there is a remaining occupant who is not named on the agreement, they can ask the landlord or agent to have the agreement put in their name.
You cannot be held responsible for any damage to the property by the domestic violence perpetrator.
For more information about what to do if you are a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More experiencing domestic violence, see this NSW Fair Trading webpage.
Housing NSW can provide practical as well as financial help to people who are searching or applying for private rental housing.
Housing NSW has a training package, Rent it Keep it, to help people develop the skills they need to get into the private rental market and to keep their private rental housing. Click here for more information about this.
If you would like to make a direct enquiry, you can contact Department of Communities and Justice Housing Contact Centre by:
Phone: 1800 422 322*
Email: feedback@facs.nsw.gov.au
Or visit your nearest Housing NSW office.
The Tenants’ Union of NSW also has a range of fact sheets covering essential information that all tenants should know, including the rights and responsibilities of tenants in different types of accommodation, and how to deal with common tenancy issues, such as repairs and maintenance, and access and privacy. Click here to view the Tenants’ Union of NSW fact sheets available.
Mobile phone calls to freecall numbers (numbers starting with 1800) and to Local call numbers (numbers starting with 1300) are charged to the caller at the usual mobile rate.
Housing NSW may be able to help you through Rentstart if you have found somewhere to rent privately but you need financial help with the bond or advance rent. Click here to check if you are eligible.
Rentstart provides a range of financial help, including:
For information about Rentstart’s eligibility criteria or how Rentstart can help, click here to go to the Housing NSW web page or visit your nearest Housing NSW office. Click here to find your nearest Housing NSW office.
You can also apply for RentStart through the MyHousing app. This app allows you to view your housing information, make simple account transitions, applications and appeals, request non-urgent repairs and notify the Department of Communities and Justice of a change in your circumstances.
Crisis accommodation includes refuges, shelters and other short to medium-term accommodation for people who are homeless or at risk of becoming homeless. Much of this accommodation is provided by agencies funded under the National Affordable Housing Agreement. Along with accommodation, these agencies often provide support services such as health, counselling and living skills development.
Most residents of crisis accommodation are boarders or lodgers, but depending on the circumstances, some may be tenants under the Residential Tenancies Act 2010 (NSW).
Crisis accommodation providers usually have policies about the types of people for whom they will provide accommodation, for example, some refuges will accommodate only women and children. Crisis accommodation services must not unlawfully discriminate against people, including on grounds of mental illness. Crisis accommodation providers usually have house rules that residents must obey, for example, no alcohol on the property, or no visitors to the property.
The services below can help you find crisis accommodation:
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The Commonwealth Home Support Programme (CHSP) provides basic home support for older people who need assistance to keep living independently at home and in their community. For example, they can provide pre-made meals, help with personal care such as showering and/or help with domestic chores.
Carers of these consumers will also benefit from services provided through the CHSP. For example, CHSP workers may care for the older person so that the carer can have a break.
CHSP aims to deliver timely, high quality support services, taking into account individual goals, preferences and choices, to help frail older people stay in their homes as long as they can and wish to do so.
People are eligible for CHSP depending on their age and their needs. People aged 65 years or older, or Aboriginal people aged 50 years or older, may be eligible. Their carers may also be eligible.
All consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and carer requests for care are directed through the My Aged Care gateway. The My Aged Care Contact Centre will ask the prospective consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More several questions as part of initial screening to identify their level of need and will refer them to a face-to-face assessment. For consumers with low level support needs that could be met by CHSP, the assessment will be conducted by Regional Support Services.
CHSP workers are more empowered to work in partnership and make decisions about their care through a wellness approach. This means that staff work with consumers rather than working for them.
To find out if you are eligible, you call My Aged Care on 1800 200 422 (free call*) or you can organise an assessment online.
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
Each CHSP service providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More has its own policy on fees, but most require a small contribution depending on the person’s situation. Special consideration is given to people with limited finances.
Click here to get a general estimate of your fees.
To find more information about My Aged Care click here.
The Housing and Accommodation Support Initiative (HASI) and Community Living Supports (CLS) are state-wide programs providing support to people who have a severe mental health conditions, so that they can live and participate in the community, in the way that they want to.
They are partnership programs between the NSW Government and the non-government sector. These programs work to ensure stable housing is linked to specialist support for people with mental health conditions.
The amount of CLS support you can receive is flexible. Some people might need only a few hours of support a week while some HASI consumers might get more than 5 hours support a day.
HASI recognises that people with mental health conditions can experience severe barriers to accessing affordable, safe and secure housing, and that access to appropriate support services are strongly linked to stable housing for people with mental health conditions.
HASI aims to assist people with mental health conditions who need accommodation support to:
HASI support helps people to achieve their own, unique goals. The types of support people receive depends on their individual needs and what they want to achieve. For example, people in the program often get help with:
Like HASI, people in the CLS program work with a support worker from a community organisation, a clinician from the local mental health service and their family or other important people in their life to develop their own unique support plan.
You may be eligible for HASI or CLS support if you:
Your local providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More can give you more information about the criteria for the program.
All people referred to HASI or CLS are assessed according to their need. However, when there are limited vacancies, priority will be given to people who meet the eligibility criteria and:
The amount of support you can receive depends on what you need. Some people might need only a few hours of support a week, while some consumers might receive more than five (5) hours support a day. The amount of support can also change to meet your needs. When things are going well, you may only need a few hours of support a week. However, there may be times when you are finding things difficult or distressing and it would be helpful to get more support.
Your local HASI or CLS providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More can provide you with more information, including how to access or refer someone into the program.
You can contact your local HASI provider here or your CLS provider here.
If you are unsure about which local health district you are in, further information can be found at the Local Health Districts and Specialty Networks.
A very small number of tenants are not covered by the Residential Tenancies Act 2010 (NSW), and are instead covered by the Landlord and TenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More Amendment Act 1948 (NSW). These tenants are often called ‘protected tenants’ because the Landlord and TenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More Amendment Act 1948 (NSW) contains strong protections against evictions and rent increases. Protected tenants are almost always older persons, having lived long-term in their rented premises. In some instances, a protected tenancy may be inherited by another household member.
The law on protected tenancies is complex. You should get advice if you are unsure about whether you are a protected tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More. If you are a protected tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More, you should get advice before vacating or leaving your accommodation temporarily (for example, to go into hospital or a residential rehabilitation treatment facility). You can do so by contacting your local Tenants and Advice Advocacy Service.
It is generally against the law to discriminate against a person in relation to housing or accommodation because the person, or an associateIn discrimination law, an ‘associate’ of a person with disability is a person with whom the person with disability has regular contact with, such as a close family member, a person with whom they live; a carer or another person with whom they are in a business, sporting or recreational relationship. Associates may sometimes be unlawfully discriminated against because of their relationship with a person with disability and is therefore entitled to complain of disability discrimination. More of the person (such as a household member) has a disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More (including a mental health conditionThe term mental health condition is a broad term that refers to symptoms that may be caused by life events, genetic factors or birth defects. This condition can be temporary, episodic or lifelong. A mental health condition can include mood, anxiety, personality, psychotic and compulsive disorders. It includes, but is not limited to, those conditions and symptoms recognised as constituting mental illness under the Mental Health Act 2007 (NSW). More). Unlawful discrimination could include refusing housing or accommodation to a person, terminating a person’s tenancy or setting different conditions for a person because they have a disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. For example, it would be unlawful for a landlord to charge a higher bond, or offer shorter tenancy term because the renter had a serious mental health conditionThe term mental health condition is a broad term that refers to symptoms that may be caused by life events, genetic factors or birth defects. This condition can be temporary, episodic or lifelong. A mental health condition can include mood, anxiety, personality, psychotic and compulsive disorders. It includes, but is not limited to, those conditions and symptoms recognised as constituting mental illness under the Mental Health Act 2007 (NSW). More.
There are some instances in which discrimination because of a person’s disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More is lawful. These include where:
There are laws and regulations relating to discrimination in the provision of accommodation under both the Anti-Discrimination Act 1977 (NSW), for which the Anti-Discrimination NSW is responsible, and the DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Discrimination Act 1992 (Cth), for which the Australian Human Rights Commission is responsible. Each of these agencies investigates complaints of discrimination and attempts to conciliate between parties.
Complaints to the ADB should be made within twelve (12) months of the actions that you believe were unlawful discrimination. Complaints to the AHRC should be made six (6) months of the actions that you believe were unlawful discrimination. You should ask the ADB or AHRC for more information about the time limit that applies for your particular complaint.
If you think you have been discriminated against, you should get legal advice. You can get free legal advice about discrimination from a range of places. Click here to find out more.
The main organisation that deals with disputes about accommodation in NSW is the ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and Commercial Division of NSW Civil and Administrative Tribunal (NCAT). NCAT is not as formal as a court, but its decisions are legally binding and enforceable. It deals with disputes between:
Boarders and lodgers may also be able to have some disputes dealt with by the NSW ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and Commercial Division of NCAT.
At a NCAT hearing, the disputing parties cannot be represented by lawyers without the permission of the NCAT. However, landlords are often represented at the NCAT by the real estate agents, who are likely to be quite familiar with the process. NCAT may appoint a representative for people who are unable to represent themselves due to disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More or age. Otherwise, you can get legal advice by contacting your nearest Tenants’ Advice and Advocacy Service. They provide free, independent information, advice and advocacy to tenants throughout New South Wales.
Click here to find your nearest Tenants Advice and Advocacy Service or click here to contact Legal Aid NSW.
For more information about the Consumer and Commercial Division of NCAT and what it does, click here.
To contact the ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and Commercial Division of NCAT:
Telephone: 1300 006 228 (select Option 1)
Website: www.cc.ncat.nsw.gov.au
Click here to find out about locations of NCAT (Sydney City; Liverpool; Penrith; Wollongong; Newcastle; Tamworth).
See below for information about how to apply to have your dispute dealt with by the ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and Commercial Division of NCAT.
To lodge your complaint or dispute with the ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and Commercial Division of NCAT, you need to complete an application form and send it to NCAT with the required payment. This can be done online, by post or in person.
If you would like to lodge an application by post or in person, you can download the form at the NCAT website.
Alternatively, you can also get a copy of the form from your local Tenancy Advice and Advocacy Service. Click here to find your nearest Service. The completed form should be sent to your nearest NCAT office.
To read about application fees and charges, click here.
Eligible pensioners receive a 25% discount for the full fee for the lodgement of any general application, administrative review application, internal appeal application, set aside application or external appeal application.
You can apply for your application to be free if you can prove that paying the fee will cause you hardship.
The fee must be paid with an application, and if you are eligible for a fee concession, copies of the relevant documents must be sent with the application. If the relevant fee and documents are not submitted, your application may be dismissed.
The section below outlines what will happen after you have made your application to the NCAT.
To look at how much NCAT fees are, click here.
After you have made your application to the ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More and Commercial Division of the NCAT, your dispute is listed for conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More and hearing. ConciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More is a confidential alternative dispute resolutionAlternative Dispute Resolution (ADR) is a way of solving problems without having your dispute determined by a court or a tribunal. ADR might occur without a complaint being lodged with a complaint handling body or a claim being filed in court. ADR could occur after a complaint or claim is made, but before it is finally decided. Sometimes ADR may have to be considered before you have the right to go to a Court or Tribunal to have your claim decided. More process, where you and the other party can talk about your dispute and reach an agreement. There may be a NCAT Conciliator in the room with you to assist you and the other party.
You and the other party should be sent a Notice of ConciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More and Hearing within fourteen (14) days, which tells you where and when you should attend.
For more about the conciliation process, click here to go to the NCAT web page.
The Tenants’ Union of NSW website has a fact sheet that covers essential information about lodging a dispute with the NCAT. They can also provide you with information and advice over the phone. To find the contacts to your nearest Tenants Advice and Advocacy Service, click here.
Click here to contact Legal Aid NSW.
There are a number of organisations that can provide help and advice on your tenancy. It may be useful to visit the following websites for information:
You can also find out more about getting help in Part 10 of this Manual: Complaints and disputes and getting help to resolve them.
Whether you own your home or you are a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More renting your home, you have a responsibility to avoid doing things that may cause nuisance or interfere with the reasonable peace, comfort and privacy of your neighbours. This responsibility applies equally to you as well as to your neighbours, and is usually set out in your tenancy agreement (if you are a tenantA tenant or renter is somebody who pays the owner of a property for the right to live in that property for an agreed period. In NSW, a tenant has tenancy rights under Residential Tenancies Act 2010 (NSW). More).
Disputes with a neighbour can cause people significant stress over time, particularly if there is prolonged conflict or the conflict escalates.
When neighbours are upset about each other’s behaviour, there are several ways to deal with the problem, and these are discussed on the following pages.
Disputes with neighbours may or may not involve violence. Examples of behaviour or actions that are non-violent, but may nevertheless be concerning to the neighbours, include:
In the first instance, you should always try to raise the issue with your neighbour calmly and reasonably in person and try to reach an agreed solution.
If this is not effective, you could try to write to your neighbour outlining your concerns. Your letter should include any relevant details such as the date that the event causing you concern happened, a proposed solution and the date by which you would like your neighbour to reply. You should keep a copy of this letter for your own records. For template letters on common issues such as noise complaints or fencing complaints, see here.
For tips on how to deal with minor problems between neighbours, go to the Community Justice Centres’ website.
The Law Society of New South Wales also has a webpage about the common problems people have with their neighbours and your legal rights in relation to these problems. To view the online fact sheet, click here.
If you and your neighbour have tried to talk about the issue, but still can’t reach an agreed solution, you can take the dispute to a Community Justice Centre. At Community Justice Centres, there are trained mediators who can help you and your neighbour discuss the issue and reach a settlement in a safe and neutral environment.
The mediator’s role is to help you understand each other’s point of view. Mediators do not to judge who is right or wrong and they cannot impose any punishment.
Mediation at a Community Justice Centre is free and is voluntary, but it can only work if both disputing parties agree to attend the mediation. Legal representation is normally not required in mediation, though it is often a good idea to talk to a lawyer to find out about your rights and have your legal questions answered before you go to a mediation session. Settlements reached through mediation are made in ‘good faith’ and are not legally enforceable.
If mediation does not work, the Community Justice Centre may be able refer you on to another relevant agency to help you.
If you would like more information about mediation, how it works and how to access the service, click here to go to the Community Justice Centre’s website or call 1800 990 777 (free call*).
Office hours: Monday to Friday, 9am to 4:30pm.
Email: cjc@justice.nsw.gov.au
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
If your neighbour is harassing you, damaging your property or behaving in ways that make you feel unsafe, such as making threats of violence against you, you should contact the police. Depending on the actual problem, the police may apply for an Apprehended Violence OrderAn Apprehended Violence Order (AVO) is an Order made by a court against a person (defendant) who makes another person (the protected person) fear for their safety, to protect that person from violence, intimidation or harassment. All AVOs made by the court prohibit the defendant from assaulting, harassing, threatening, stalking, or intimidating a protected person. Other conditions can also be included. The defendant must obey the orders set out in the AVO. More against your neighbour or may even charge your neighbour for a criminal offence. To read more about Apprehended Violence Orders, click here.
If you are the person being complained about, you can contact LawAccess on 1300 888 529* for free legal advice or referral.
*Mobile phone calls to local call numbers (numbers starting with 1300) are charged to the caller at the usual mobile rate.
The information on earlier pages about how to handle problems with neighbours applies to anyone who has neighbours. If you live in public housing, Housing NSW also has a policy about being a good neighbour, which forms part of the During a Tenancy Policy. Click here to read the During a Tenancy Policy.
Generally, if the problem is minor and does not involve violence, Housing NSW encourages neighbours to sort out their dispute directly or through mediation at a Community Justice Centre. You can contact your local Housing NSW office if you would like to be referred to a Community Justice Centre for mediation.
For more about resolving a dispute with your neighbour directly, click here.
For more about using mediation to resolve a dispute with your neighbour, click here.
If the problem is severe, for example, there is harassment, intimidation, violence or drugs involved, you should report it to the police and then to your local Housing NSW office.
If you are the person being complained about, and you want advice on how to deal with the complaint, you should contact your local Tenants Advice and Advocacy Service. Click here to locate the contacts of your nearest Tenants Advice and Advocacy Service.
Legal Aid NSW has a housing law team, and you can contact Legal Aid NSW by calling 1300 888 529 or visit the website.
*Mobile phone calls to freecall numbers (numbers starting with 1800) and to Local call numbers (numbers starting with 1300) are charged to the caller at the usual mobile rate.
Updated May 7, 2020
