• Publication Date: August 4, 2017
  • EAN: 9781760021405
  • 540 pages; 6" x 8⅝"
Filed Under: Landlord & Tenant

Residential Tenancies Law and Practice

New South Wales


Product Description

Residential Tenancies Law and Practice, 7th edition, deals with residential tenancy law in New South Wales.

This 7th edition incorporates the Residential Tenancies Act 2010 (NSW), and surveys all the recent cases, updating annotations as necessary. It is fully updated and revised for lawyers practising in this area of law, real estate agents, property managers, investors, landlords, tenants, and community legal centres.

It contains:

The new Commonwealth legislation that applies to Commonwealth land in New South Wales and the ACT, with references to the relevant case law.

An expanded review of protected tenancies in New South Wales.

The full text of the relevant residential tenancy legislation in NSW (each statutory provision is annotated with descriptions of the cases that have been decided in relation to that provision).

Commentary to assist readers in understanding how proceedings of the Tribunal are conducted.

Detailed lists of cases covering the amounts of compensation awarded by the Tribunal and courts for various breaches of the residential tenancy agreement by parties to the agreement.

A list of cases outlining the circumstances the Tribunal finds relevant in considering whether to evict tenants.

Cross-references to other States’ legislation and commentary from relevant cases in other jurisdictions.

Anyone working or interested in the field of residential tenancy law in New South Wales will find this volume an essential addition to their library.

Acknowledgements About the authors Table of Cases Table of Statutes

1. Introduction

2. Residential Tenancies Act 2010

3. Residential Tenancies Regulation 2010

4. Federal Tenancies in New South Wales

Appendix 1. Table of Equivalent Provisions in Other Jurisdictions


Seven Editions since 1998 is a testament to the continued popularity of this book. – Tim Tierney, Law Letter, The Law Society of Tasmania, Autumn 2018

In late 2017, the Rental Affordability Index, released by the National Shelter, Community Sector Banking and SGS Economics and Planning, showed that there was virtually no affordable housing in any Australian city for people on low incomes. Such data has led some analysts to report that there is a housing crisis in Australia and a true market failure within the rental market. With growing numbers of Australians delaying the purchase of a home and choosing to stay within the rental market, it is becoming increasing important for the regulatory framework for residential tenancies to strike an appropriate balance between the interests of tenants and their landlords. In this context, this text is both topical and informative. This text primarily adopts an annotation approach where the relevant statutory provisions are followed by commentary that discuss the provision and relevant case law. This style makes it a useful guide for landlords and tenants and their representatives to use at attendances at the Tribunal. Written by experienced practitioners in the residential tenancies field, it is a helpful aid for preliminary research and for attendances at the Tribunal. The text is well set out and easy to read; unashamedly dealing with the issues of most concern in residential tenancy law rather than being a comprehensive guide to all matters that arise in this area. Now in its 7th edition, this works continues to be a user-friendly resource, and will be of particular interest to law students, junior lawyers and those working in the residential tenancies sector. – Queensland Law Reporter – 2 March 2018 – [2018] 8 QLR

Reviews of previous editions:

The sixth edition of this practitioners’ textbook on the New South Wales law of residential tenancies is the first edition which considers the now significant body of case law on the Residential Tenancies Act 2010 (NSW), the last edition having been published in 2011. It is structured as an annotation to that Act, but the commentary associated with each section is detailed and extends, when appropriate, to other legislation and the common law addressing the same subject matter as the section addressed. This text also addresses major decisions from other jurisdictions to the extent that they are relevant to New South Wales, and furthermore in respect of each section of the Act helpfully provides cross-references to the equivalent provisions in the legislation of each other Australian state and territory. – Queensland Law Reporter – 1 May 2015 – [2015] 16 QLR

The present book is what might be called a child’s guide to those who deal with the residential property market. This is said as a compliment and not in any derogatory sense. The book contains the text of the Residential Tenancies Act 2010 (Cth) with annotations, including reference to unreported cases on the Act, the relevant regulations with model forms and a table of equivalent provisions in other jurisdictions.

This work provides a convenient handbook for lawyers and real estate letting agents dealing with the residential tenancy market. Read full review… – Peter W Young AO, Australian Law Journal, February 2015

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