Legallink | Find the Right Law Firm for You | I live in Sydney and have been evicted because the person who rented the house to me was a sublessor, and they haven’t paid the rent for six months. I didn’t know they were a sublessor. What should I do in this situation?

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I live in Sydney and have been evicted because the person who rented the house to me was a sublessor, and they haven’t paid the rent for six months. I didn’t know they were a sublessor. What should I do in this situation?

Key Legal Concepts

Tenancy Agreement: This is a contract between you (the tenant) and the landlord (or sub-landlord in your case). It outlines the terms and conditions of your rental arrangement.
Sub-letting: When a tenant rents out part or all of the property to another person (sub-tenant). The original tenant becomes a sub-landlord.
Residential Tenancies Act 2010 (NSW): This legislation governs residential tenancies in NSW. It sets out the rights and responsibilities of tenants and landlords.

Immediate Steps to Take

Document Everything: Gather and keep all records related to your tenancy, including your rental agreement, communication with the sub-landlord, and any payment receipts.
Contact Fair Trading NSW: They provide advice and can mediate disputes between tenants and landlords. You can explain your situation to them, and they can guide you on the next steps. Their contact number is 13 32 20, and their website is NSW Fair Trading.
Check the Lease Agreement: Review your lease agreement to see if sub-letting was allowed and if the sub-landlord had the authority to rent the property to you.
Communicate with the Actual Landlord: If possible, try to contact the actual landlord. Explain your situation and provide them with the details of your agreement with the sub-landlord.
Seek Legal Advice: Consider seeking legal advice from a tenant advocacy service or a lawyer. They can provide tailored advice based on your specific situation.

Potential Outcomes

Reinstatement: If the actual landlord was unaware of the sub-letting and your payments, they might allow you to stay if you agree to pay rent directly to them.
Compensation Claim: You might have a claim for compensation against the sub-landlord for any financial loss or inconvenience caused.
Finding Alternative Accommodation: If staying is not an option, you may need to look for alternative accommodation. In this case, document any additional costs incurred as a result of being evicted.

Important Tips

Always Verify: In the future, verify the legitimacy of your landlord before entering into a rental agreement. This includes confirming that the person you are dealing with is the rightful owner or has permission from the owner to lease the property.
Rent Receipts: Always keep records of all rent payments and any correspondence with your landlord or sub-landlord.
Know Your Rights: Familiarize yourself with the rights and responsibilities of tenants in NSW under the Residential Tenancies Act 2010.

Legal Aid and Resources

Tenants' Union of NSW: Provides free advice and resources for tenants. Their website is Tenants' Union of NSW.
Legal Aid NSW: Offers free legal services to people in need. Their website is Legal Aid NSW.

By following these steps and utilizing the available resources, you can better navigate this challenging situation. If you have any more specific questions or need further assistance, feel free to ask.

Legal Link Finds Similar Case Law for You

Law Firm's Insights

Date

13 May 2021

Place

New South Wales

Judge

REES

Highlights

The text discusses the divorce of two people, Michael Schneider and Katherine Kemeny. Katherine Kemeny, a 63-year-old woman with melanoma, died after a 10-year battle with cancer. Michael Schneider, 66 years old, was married to her for 14 years and the couple had a large disparity of assets. Michael had a Kirribilli apartment that he was struggling to pay off on top of his legal bills and Ms Kemeny had two unencumbered properties: a Paddington terrace (later replaced by an apartment in Darlinghurst) where they lived and a rental property in Surry Hills. The couple intended to leave their assets to their children equally but Ms Kemeny's illness caused financial stress for Michael. They also agreed that Mr Schneider would pay $500 per week in rent and half of all household expenses to Ms Kemeny into her superannuation - an arrangement which was beneficial for him but financially stressful for Ms Kemeny. The couple's finances were carefully managed during their marriage but Ms Kemeny's illness led to increased medical expenses, and she eventually paid for her carers herself. The couple's son Patrick testified that by early 2016 Sarah's employment with her father's business became regular and she received a fortnightly income which helped relieve some of the financial strain on the family. In June 2017, Ms Kemeny sent a long email to Patrick updating him on her situation, noting that Michael and Sarah had been returning to their respective shores.

Judgment

The text states that the family's claim for provision has been dismissed and that they will be ordered to take possession of their home.

Legislation

1.Succession Act 2006 (NSW) ss 59, 60

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