Sydney rental crisis: Surry Hills listing blatantly breaches Residential Tenancies Act

Sydney’s rental crisis is so dire, a real estate agent has boldly advertised a home with the caveat that the landlord will not fix any issues in the property - a blatant breach of the law.

Renters are being forced to accept illegal living arrangements as landlords and agents manipulate the state’s growing housing crisis.

The situation is so dire one real estate agent advertised a Surry Hills property with the caveat that the landlord will not fix any issues in the property and tenants must accept the two-bedroom home as it is – a blatant breach of the law.

The home on Marshall Street was advertised online with the caveat ahead of an open home and the Telegraph understands the property had serious rain damage and wet walls – which would lead to mould growing.

The claims breached the Residential Tenancies Act which requires landlords to provide properties in a reasonable state of repair and fit for habitation and applies even if a tenant has been notified of issues.

Agents who advertise these claims breach their code of conduct by supporting the breach of the act.

(File image) High demand at a rental inspection in Sydney’s eastern suburbs. Picture: NCA NewsWire / Jeremy Piper

Tenant’s Unions of NSW chief executive Leo Patterson Ross said the brutal rental market meant renters were regularly being forced to put up with illegal actions by landlords and their agents.

“A lot of the times they don’t say ‘take it as it is’, they just don’t bother pretending it’s not in a good condition,” he said.

“We have this problem that essentially, at the moment, there are minimum standards … There is a lot of pressure on people to accept things that are unlawful or breaches of the contract term, it’s quite a widespread problem.”

Mr Patterson Ross said there were legal obligations binding landlords, but it was up to the tenant to enforce the law.

“People still have a very real concern that they will be putting their lease at risk at the end of the fix term, even if that is six or 12 months away. People want a stable home for a lot longer than that and it keeps them from speaking up,” he said.

“In a very competitive market, there may not be something better.”

Tenant’s Unions of NSW chief executive Leo Patterson Ross.

Mr Patterson Ross added that often tenants were being forced to choose between lifestyle factors like the location and a safe and habitable home.

“If the alternative is travelling two hours, you are weighing up two different sort of sacrifices.”

After the Telegraph contacted the agent about the illegal caveat in the Marshall Street property – the open home was cancelled, and the property was removed from the market.

“This property has been withdrawn from the rental market. The open house has been cancelled,” the agent said.

Originally published as Sydney rental crisis: Surry Hills listing blatantly breaches Residential Tenancies Act