Summary
The user is dealing with a legal dispute involving a shed and authorization issues with Homes NSW. Initially, a shed was erected without authorization but was removed upon request. Authorization was later granted, but the document was lost. Homes NSW requested proof, and the shed was found to be too large according to council regulations. The user is preparing for an NCAT hearing to address breaches related to the sheds authorization and claims of retaliation. They are advised to gather all relevant documents, highlight discrepancies, and consider legal representation. The user is also dealing with an administrative review into a GIPA request and needs to respond to Homes NSWs submission on a stay of proceedings application. Relevant legislation includes the Residential Tenancies Act 2010 (NSW), Administrative Decisions Review Act 1997 (NSW), and Evidence Act 1995 (NSW).Full Conversation
I am going to NCAT for a termination hearing, I won't lose the tenancy but the breaches I want to challenge. This shed here is first. After the department denied any evidence existed, the tenant lodged a GIPA application to get the autherisation that Homes NSW was denied. The Gipa release was the application made to get autherisation and a later request answered for more information, showing that the tenants request was being processed. These documents had been concealed by Homes NSW.
It sounds like you're preparing for an NCAT hearing to address breaches related to the shed's authorization. Here are some points you might want to consider:
- Gather all documents related to the GIPA application and authorization.
- Highlight any discrepancies or concealment by Homes NSW.
- Prepare to present evidence showing the authorization process and your compliance.
Do you need advice on presenting this information at the hearing or any specific legal argument?
Yes, but twelve days after informing Homes NSW I was retaliated against with further action taken on non problem breach of tenancy
It sounds like you're facing a challenging situation with Homes NSW, especially with retaliation after informing them about the shed's authorization. Here are some general legal points to consider when preparing for your NCAT hearing:
- Retaliation Claims: Document any evidence of retaliation after you informed Homes NSW about your shed's authorization. This can strengthen your position.
- Breach Challenges: Focus on presenting evidence and arguments that demonstrate compliance and any unfair treatment or missteps by Homes NSW.
- Legal Representation: Consider seeking legal advice or representation for the NCAT hearing, especially if retaliation is involved.
Would you like more information on how to present your case or tips on gathering evidence effectively?
I have also an administrative review into the gipa request and needs help with a response to homes NSW submission on the tenants stay of proceedings application
Case Rating: *
This sounds like a complex situation with multiple aspects to address. For the administrative review into the GIPA request and the stay of proceedings application, consider these points:
- GIPA Review: Focus on evidence showing Homes NSW's concealment or mismanagement of the authorization documents.
- Stay of Proceedings: Highlight the unfair retaliation and any procedural errors by Homes NSW.
Would you like more information on presenting these aspects effectively?
Homes NSW is claiming becouse I had not lodged a section * of the residential and tenancy act that I had a chance to raise retaliation then. What legislation and acts will counter this
Case Rating: *
To address claims about not lodging under Section * of the Residential Tenancies Act, consider the following:
- Residential Tenancies Act * (NSW): Review sections related to tenant rights and obligations.
- Administrative Decisions Review Act * (NSW): Useful for GIPA-related issues.
- Evidence Act * (NSW): Strengthen your case with documented evidence of retaliation and concealment.
Do you need more guidance on presenting this information effectively?
Can you specify which sections
Case Rating: *
To counter claims related to not lodging under Section * of the Residential Tenancies Act, consider these sections:
- Residential Tenancies Act * (NSW): Review sections related to tenant rights, specifically around breaches and retaliatory actions.
- Administrative Decisions Review Act * (NSW): Focus on sections regarding procedural fairness and review rights.
- Evidence Act * (NSW): Look at sections that allow you to present evidence effectively, especially regarding retaliation.
Would you need more detailed information on any of these sections?
Yes
Case Rating: *
Here's more detailed information on the sections:
*. Residential Tenancies Act * (NSW):
- Check sections related to tenant rights, particularly concerning retaliatory actions and breaches. Section * deals with applications for termination by the tenant.
*. Administrative Decisions Review Act * (NSW):
- Focus on procedural fairness and rights to review. This can help in addressing your GIPA-related issues.
*. Evidence Act * (NSW):
- Look at sections that allow the presentation of evidence, especially to support claims of retaliation.
Would you like assistance on how to present these sections effectively in your hearing or further details on any specific section?
Yes I need to lodge a response to a submission by homes NSW over the stay. Can I down load documents
Case Rating: *
It sounds like you might need legal advice on how to effectively present your case regarding the submission by Homes NSW over the stay. For downloading documents, you can generally download relevant documents from the NCAT website or through online legal service portals, if they provide such options. You might want to check if there's a specific platform or portal associated with your case where you can access these documents.
Do you need tips on how to present your response at the hearing or further details on specific sections of the legislation?
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