Told to get out

MOZART said:

I have been served a notice of termination of residential

tenancy agreement. I have been renting the same apartment for over 20 years. Do I have any rights given the recent changes to the Act?

Under the Act there are addtional rights for tenants who have been in the same property for more than 20 years.  But, the new act will not apply if you were given the notice of termination before 31 January 2011

HOWEVER, you have rights under the old law that may keep you in the property.  If the notice was given on 'no grounds',  the Consumer, Trader and Tenancy Tribunal must consider 'the circumstances of the case' when deciding whether or not to grant the landlord's application for termination of the agreement.

The Tribunal will look at issues like, how long you have lived there, why the landlord wants the property, whether you have made improvements to the property, your personal circumstances (illness etc) and your ties to the area.

If you can establish sufficient 'circumstances' you may be able to prevent the landlord from terminating your agreement.

You should call your local Tenants' Advice & Advocacy Service or the Tenants' Union for more advice.

The last thing to say is that if you moved into the property before 1 January 1986 then you may be a 'protected tenant'.  It is a complex legal question, but if you are a 'protected tenant' then you have very special rights and may be entitled to significant compensation if the landlord wants to move you out of the property. 

Again, you should immediately call your local Tenants' Advice & Advocacy Service or the Tenants' Union

Martin Barker

Tenant Advocate

Inner West Tenants' Advice & Advocacy Service (9559 2899)