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If there is no tenancy agreement therefore, then there is no authority for the landlord to make any deductions from the tenancy deposit no matter how dreadful the condition of the property when the tenant moves out. If he tries to make any deductions, any challenge made by the tenant will succeed at adjudication.
Once an individual has moved into a property and has started paying rent for a term, a tenancy is created. This means that even without a written tenancy agreement, a tenant is still covered by the Protection From Eviction Act 1971.
Evicting a tenant in NSW In NSW, you are required to give at least 14 days notice in situations where you wish to end a tenancy due to wrongdoing on the tenants' part. This includes if the tenant/s are 14 days or more behind with their rent, or if they have otherwise breached your pre-defined tenancy agreement.
If tenants are refusing to vacate, you must apply to the NSW Civil and Administrative Tribunal for a possession order within 30 days of the 'date to vacate' specified in your termination notice. The Tribunal will then make a decision, based on the evidence you and the tenant present at the hearing.
Reasons for evicting tenants with no tenancy contract Don't worry if you do not have a written agreement - a tenancy agreement exists by the fact that the property is rented out. A verbal agreement is also important. This means that there are legal options, even without a written tenancy agreement.