NSW can tennants that refuse to leave be done for tresspass?

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sammy01

Well-Known Member
27 September 2015
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Expired lease. Paperwork in at tribunal. 3 months behind in rent. Now that the lease has expired can they be charged with tresspass? or do I have to wait for the Civil and administratvie tribunal does it's thing?
 

Docupedia

Well-Known Member
7 October 2020
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What’s the basis of the tribunal action? I would suspect if it is about recovery of the residence/eviction/extension of the lease then they probably couldn’t. From memory a valid defence to trespass is having the right to be on the property, and having a valid lease (even while being argued) is probably a sufficient defence (if I’ve got my defences right).
 

sammy01

Well-Known Member
27 September 2015
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654
2,894
THe lease has expired. Notice given to vacate and the date to vacate has passed. Instead of leaving they continue to live there and are not paying rent. Applicatin for the tribunal has been made but looking at 3 month delay. So they live there rent free for 3 months until we get to a tribunal?
 

Docupedia

Well-Known Member
7 October 2020
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7
314
I would assume you'll need to get the Tribunal to order that they pay the lost rent as well. The long and the short of it is that you apparently have to wait for the Tribunal.