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ARTICLE · 20 JANUARY 2018

My tenant has stopped paying rent – what can I do?

As an owner in NSW, what are your options when your tenant stops paying rent - and what is the best course of action?

AustraliaReal Estate and Construction

When entering into a leasing contract, rent is an essential term - and must be paid on time by the tenant as part of the tenancy agreement. When the tenant has failed to pay the rent when it is due, they are in rent arrears.

But what happens when your tenant stops paying rent? What are your options as an owner, and what is the best course of action?

NSW Civil and Administrative Tribunal

In circumstances where your tenant is frequently a few days late with their rental payments, an application can be made to the NSW Civil and Administrative Tribunal for an order for the tenant to comply with the terms of the tenancy agreement.

There are a number of General orders that you may find relevant, such as 187(1)(a) and 187(1)(b) – although as every situation is different, Coleman Greig strongly advises you to look into the range of orders that landlords can request mid-tenancy.

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