Is this on us? NSW Tennent Laws

NSW

Hi all, I’m posting here because it’s Christmas and NSW Fair Trading / Tenants Advice lines are closed. I’m hoping for some guidance on tenant vs landlord responsibilities in an emergency situation.

Storytime... At roughly 3:00am on 24 December, a water pipe burst in the upstairs bathroom of our rental. Water had been leaking for some time before we woke. We shut off the water main immediately. We contacted the real estate agent as soon as they opened (around 8:00am) and a plumber attended.The property sustained significant water damage:

All carpets soaked Water leaked into floorboards Water pooled in the garage Ongoing moisture and mould risk despite dehumidifiers The property is currently not safe or fit to live in. We were unable to stay in the house over Christmas and effectively became homeless overnight.

Our situation... The household consists of American, Canadian, and UK tenants . ​No family in Australia and scrambled to find a place to stay the day before Christmas. We have lost thousands of dollars’ worth of personal belongings to water and mould. We understand the landlord does not have landlord insurance, and we do not have contents insurance. We have been returning daily to clean, dry, and remove ruined items. One housemate is overseas, one has already taken multiple days off work due to the flood and cannot take more.

Current dispute... The landlord now wants to replace the carpets and is requiring us to remove all furniture immediately so repairs can proceed. ​However:

We have nowhere to store furniture not ruined, most of it needs to be taken to the tip and we have little cars. We cannot safely move heavy items due to warped stairs and safety concerns We cannot physically do this ourselves We the damage was not caused by us We are happy to vacate so repairs can occur, but the landlord is insisting that all furniture removal and disposal costs are our responsibility.

Questions Under NSW residential tenancy law, can a landlord require tenants to pay for removal/storage of furniture when repairs are needed due to damage not caused by the tenant? If a property becomes uninhabitable due to an emergency repair, who is responsible for the costs required to make the property ready for repairs (e.g. removalists)? Is it reasonable/legal for the landlord to insist we clear the property immediately without providing assistance or covering costs, given the safety risks? Does the fact that this occurred during a public holiday period (Christmas) and left us effectively homeless affect obligations? What are our options if the landlord refuses to cover these costs? We’re trying to understand our rights before responding formally to the agent. Thanks in advance ! ​N​SW ​specific guidance or references would be hugely appreciated.

Posted Dec 29, 2025, 3:14 AM UTC

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