Your rights and responsibilities

The tenancy agreement you signed is a legal document that sets out the rights and responsibilities between a tenant and DCJ Housing. Tenants and DCJ Housing have to comply with the Residential Tenancies Act 2010.

As the tenant, you are responsible for household members and any visitors to your home. If their actions or behaviour breach your tenancy agreement or the Residential Tenancies Act 2010, it places your tenancy at risk.

Being a DCJ Housing tenant means you are part of a larger community, living together with people and families from different backgrounds and cultures. Everyone needs to work together to ensure the community is a harmonious environment

You have certain rights that DCJ Housing will ensure are respected.

Communication

• you are informed of all decisions that DCJ Housing makes about your tenancy, including rent, reviews, applications for additional occupants, relocations and transfers
• DCJ Housing will explain your tenancy to you, including how much rent and water you will pay and whether you are eligible for a subsidy
• you are given copies of all documents that you need for your tenancy
• DCJ Housing policies and procedures are clearly explained to you
• you can ask for an interpreter if needed. You can also ask for someone to act on your behalf (an advocate)
• DCJ Housing gives you the required notice of a breach of your tenancy agreement
• DCJ Housing gives you notice to vacate if your tenancy is to end
• you are treated fairly and respectfully in all decisions and dealings with DCJ.

Clean, Safe and Habitable Home

• DCJ Housing will ensure your home is clean, safe and habitable  when you move in and will arrange for appropriate repairs and maintenance during your tenancy
• your home will have adequate security and a working smoke alarm. Repairs to a smoke alarm can only be carried out by DCJ Housing
• you can keep pets as long as they are suitable for your home, not a restricted breed, and not a nuisance to neighbours nor a health hazard.

Visiting your Property

• DCJ Housing will visit your home with your permission and within the terms of your tenancy agreement
• DCJ Housing may enter your property in emergencies, to do urgent repairs, check smoke alarms and address health and safety issues. Where possible, we will seek your consent first
• for more information, please go to: Visiting your home.

Safety and Welfare

• DCJ Housing fulfils its obligations to refer child protection issues to the appropriate authorities
• you are able to end your tenancy immediately if you are in circumstances of domestic and family violence and are not the perpetrator
• you have the right to enjoy your home peacefully.

Reviewing Decision and Appealing Outcomes

• you are able to raise any issues you have, with your local office and through DCJ Housing’s client feedback service
• you are able to ask for decision reviews through DCJ Housing appeals process and the Housing Appeals Committee
• under some circumstances, you are able to apply to the NSW Civil and Administrative Tribunal (NCAT) if you believe DCJ Housing has breached the tenancy agreement with you.

Payments

• you meet all your payment responsibilities, including paying your rent and water usage charges on time, and you pay money owing from previous DCJ Housing tenancies
• if you are required to pay a rental bond, you must meet your payment responsibilities and make your payments on time
• you need to pay your electricity and gas usage.

Property Care and Occupancy

• you need to clean and maintain your property to a reasonable standard, including the gardens and ensure there is no damage done by yourself, your household members or visitors)
• you personally occupy the premises. It is not enough just to pay rent for the property. DCJ Housing properties are a scarce resource and we need to ensure we are providing for people most in need
• you notify DCJ Housing as soon as possible if any repairs are needed
• you ask DCJ Housing for permission before making changes to your property such as installing an air conditioner or making building changes to the house and yard.
• you look after the security of the property, including advising DCJ Housing if there are any issues with your smoke alarms.

Living Peacefully

• when you live as part of a community and as a DCJ Housing tenant, you have certain responsibilities for your behaviour and how you look after your home
• ensure your family and visitors behave in an acceptable manner
• cooperate with neighbours and, if possible, settle any disputes by talking with your neighbours
• maintain a good community spirit by respecting your community’s right to peace
• check with DCJ Housing that your pet is suitable for your home is not a nuisance to neighbours
• you treat all DCJ Housing staff fairly and respectfully in all your dealings with us.

Changes to or Ending your Tenancy

• you must tell DCJ Housing within 28 days about any change in your circumstances, such as employment, the number of people in your household and income changes for yourself or any household members
• if you are moving, you must notify DCJ Housing. If you are on a fixed-term tenancy, you need to give 14 days notice that you are moving and 21 days if you are not on a fixed-term tenancy. The only exception to this is when you are in circumstances of domestic and family violence, where you are able to terminate your tenancy immediately if you are not the perpetrator
• when moving out, you ensure that the property is left as you found it and all outstanding payments are paid. You also need to hand the keys in to your local DCJ office
• if your tenancy is terminated by the NSW Civil and Administrative Tribunal (NCAT), you must comply with the orders, hand the keys back and leave the property as you found it
• sometimes, it might be necessary for DCJ Housing to relocate you to another property (if the property is identified for sale or redevelopment), so make sure you cooperate with DCJ Housing if you need to be moved to alternative accommodation.

If you believe that DCJ has breached a section of your Tenancy Agreement or the Residential Tenancies Act 2010, you should contact your local DCJ office to discuss the problem. You can also contact Tenants NSW for advice and advocacy services. You can contact Tenants NSW by calling 1800 251 101.

NSW Fair Trading, also offers an advisory service. You can contact Fair Trading by calling 13 32 20.

You can lodge an application with the NSW Civil and Administrative Tribunal (NCAT) if you believe that DCJ has breached the tenancy agreement or the Residential Tenancies Act 2010. The NCAT website provides information and advice about the service. You can also make enquiries by calling 1300 006 228.

DCJ may also make an application to the NCAT if you have breached your tenancy agreement. DCJ views breaches very seriously, however, we will always give you the opportunity to rectify a breach before action is taken through the NCAT. For more information on the NCAT, please see our NSW Civil and Administrative Tribunal factsheet.

If you believe DCJ has made a wrong decision and the matter does not relate to the Residential Tenancies Act 2010, you should first discuss your concerns with a client service officer. You may also ask to have the decision reviewed by filling in the online Application for review of decisions form or obtain a form available at your local DCJ office or at our website.

The Housing Appeals Committee (HAC) can undertake second tier appeals of decisions made by DCJ and community providers. The HAC website provides information on how to make appeals. HAC can also be contacted by phone on 1800 629 794. For further information, please see the Appeals and reviewing decisions factsheet.