Social Housing landlord orders

Consumer and Commercial Division

In social housing matters, a social housing provider landlord can apply to NCAT for the following orders under the Residential Tenancies Act 2010.

Starting the tenancy
Tenancy agreement             During the tenancy
Ending the tenancy
Termination of tenancy            
 

Starting the tenancy 

Tenancy agreement 

NCAT can make orders about prohibited terms in an agreement or the validity of a residential tenancy agreement.

Section

Orders

Time limit

Information, documents or details required

11 An order that an agreement is or is not a residential tenancy agreement under the Act Provide full details about the agreement and why you think it is or is not a residential tenancy agreement under the Act.
11 An order that premises are or are not premises to which the Act applies Provide details about the premises and why you think they are or are not premises to which the Act applies.
21 An order that a term of a residential tenancy agreement is void or partly void because the term is inconsistent with the Act or Regulations Explain which part of the Act you believe the term of the agreement is inconsistent with.

Pre-agreement matters 

NCAT can make orders about some pre-agreement matters such as holding fees and the ingoing condition report.

Section

Orders

Time limit

Information, documents or details required

25 An order about a holding fee Provide details about the holding fee and explain when it was paid.
31 An order about amending the condition report Provide details about the part of the condition report you wish to amend and why.

 

During the tenancy 

Access to premises 

NCAT can make orders allowing the landlord or other person to enter or gain access to the residential premises.  Learn more about a landlord's  right of entry on NSW Fair Trading's website. 

Section

Orders

Time limit

Information, documents or details required

60 An order to allow the landlord or some other person to enter the residential premises Explain why this order is necessary and the dates and times when you require access.


Alterations and additions 

NCAT can make orders relating to alterations or additions to the residential premises, such as removing or adding fixtures and other changes.  Learn more about  alteration requests on NSW Fair Trading's website.

Section

Orders

Time limit

Information, documents or details required

69(1)(a) An order prohibiting the tenant from removing a fixture Explain why this order is necessary.  Provide details about the fixture the tenant wishes to remove.
69(1)(b) An order that the tenant pay compensation for the cost of
rectifying work done by tenant on the residential premises
Explain why the tenant should pay compensation to you.  Provide details about the work required.


General orders 

NCAT can make a range of general orders relating to a residential tenancy agreement, such as the payment of compensation or orders regarding a breach of the agreement. 

Section

Orders

Time limit

Information, documents or details required

187(1)(a) An order that restrains any action in breach of a residential tenancy agreement Within 3 months after becoming aware of the breach   Provide full details about the term/s of the agreement that have been broken.
187(1)(b) An order that requires an action in performance of a residential tenancy agreement Within 3 months after becoming aware of the breach Provide full details about the term/s of the agreement that have been broken.
187(1)(c)

An order for the payment of an amount of money

Note: Maximum claim is $15,000.

Within 3 months after becoming aware of the breach Provide full details as to why the Tribunal should order payment to you and list the particulars and amount of each item being claimed.
187(1)(d)

An order as to compensation

Note: Maximum claim is $15,000.

Within 3 months after becoming aware of the breach Provide full details as to why the Tribunal should order the tenant to pay compensation to you.
187(1)(e) An order that a party to a residential tenancy agreement perform such work or take such other steps as the order specifies to remedy a breach of the agreement Within 3 months after becoming aware of the breach Provide full details about the term/s of the agreement that have been broken and the remedy you are seeking.
187(1)(f) An order that requires payment of part or all of the rent payable under a residential tenancy agreement to the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined Provide full details as to why the rent should be paid to the Tribunal.
187(1)(g) An order that requires rent paid to the Tribunal to be paid towards the cost of remedying a breach of the agreement or towards the amount of any compensation Provide full details as to why the Tribunal should order that rent paid should be used toward the cost of remedying a breach or toward compensation.
187(1)(h) An order directing a tenant to comply with a requirement of this Act or the regulations Provide full details about the section/s of the Act that the tenant is failing to comply with.


Security and safety 

NCAT can make orders about locks, security or other opening devices and information. 

Section

Orders

Time limit

Information, documents or details required

73(a) An order to allow a lock or security device to be changed or removed or added Explain why this order is necessary and what change you want made.
73(b) An order authorising the landlord to refuse to give the tenant a copy of a key or other opening device or information

Explain why this order is necessary.

73(c) An order requiring a copy of a key or other opening device or information to be given to the landlord Explain why this order is necessary.


Unusable, uninhabitable or destroyed premises 

If the premises are affected by something that makes the premises wholly or partly uninahbitible, NCATcan make orders reducing the rent payable or terminating the tenancy agreement.

Section

Orders

Time limit

Information, documents or details required

45 An order reducing the rent payable where the premies are unusable or uninhabitable or destroyed Provide details of the current rent and how the premises are unusable or uninhabitable or destroyed.
109

A termination order where the agreement is frustrated

Within 30 days after the termination date specified in the termination notice. Provide details about when and how the premises have become unsuable, or uninhabitable, or destroyed.



Ending the tenancy 

Termination of tenancy 

NCAT can make orders terminating (ending) a residential tenancy agreement and giving possession of the premises to the landlord or other person under the Act.  Learn more about  giving a termination notice on NSW Fair Trading's website.

Section

Orders

Time limit

Information, documents or details required

84 A termination order at the end of the fixed term Within 30 days after termination date specified in termination notice Provide termination date.
85 A termination order after a 90 day notice Within 30 days after termination date specified in termination notice Provide termination date.
86 A termination order as the property is being sold Within 30 days after termination date specified in termination notice Provide termination date and the date the contract for sale was exchanged.
87 A termination order where the tenant has breached the
residential tenancy agreement 
Within 30 days after termination date specified in termination notice Provide termination date and details about the breach.
89 A termination order due to non-payment of rent Within 30 days after termination date specified in termination notice Provide termination date and details about the breach.
90

A termination order where the tenant or occupant is causing serious damage or injury

Application may be made without giving tenant a termination notice Provide details of the unlawful use of the premises, including the date/s when this occurred.
91

A termination order due to unlawful use of the premises by the tenant or occupant

Application may be made without giving tenant a termination notice Provide details of the unlawful use of the premises, including the date/s when this occurred.
92 A termination order where the tenant or occupant has threatened, abused, intimidated or harassed the landlord, the landlord's agent, employee or contractor Application may be made without giving tenant a termination notice Provide details of the threatening, abusive or initimidating behaviour or harrassment, including the date/s when this occurred.
93 A termination order due to undue hardship Application may be made without giving tenant a termination notice Provide details explaining how you would suffer undue hardship if the tenancy were not terminated, for example financial statements or health records.
94

A termination order for a tenancy of 20 years or more

Application may be made without giving tenant a termination notice Explain why this order is necessary.
95 An order for possession where the residential tenancy agreement has terminated and an occupant has not vacated Within 30 days after termination date specified in termination notice Provide the termination date and details of when the tenant vacated and who remains in occupation.
98 An order revoking a termination notice given by a tenant because the landlord has remedied the breach Before termination date and within 7 days after being served termination notice. Provide details about the termination notice and how you have remedied the breach.
105 A termination order where a tenant has given a termination notice and has not vacated Within 30 days after termination date specified in termination notice Provide the termination date and explain why this order is necessary.
108 A termination order due to the death of the sole tenant Within 30 days after termination date specified in termination notice Provide the date for termination of the tenancy.
109 A termination order where the agreement is frustrated Within 30 days after termination date specified in termination notice Provide details about when and how the premises have become unusable or uninhabitable or destroyed or appropriated by an authority.
111 An order declaring that a termination notice was or was not given in accordance with the Act Provide details about the termination notice and how it was served.
147 A termination order as the tenant is no longer eligible for social housing Provide termination notice details, including the termination date.  Explain why the order should be made.
151 A termination order as the tenant has been offered alternative social housing premises Provide termination notice details, including the termination date.  Explain why the order should be made.
154(a)

A termination order as the tenant has failed or refused to enter into an acceptable behaviour agreement

Note: NSW Land and Housing Corporation orders only

Provide termination notice details, including the termination date.  Explain why the order should be made.
154(b)

A termination order as the tenant has seriously or persistently breached the terms of an acceptable behaviour agreement

Note: NSW Land and Housing Corporation orders only

Provide termination notice details, including the termination date.  Explain why the order should be made.
187(1)(i) A general termination order or an order for possession of the premises Explain why you would like the Tribunal to make this order.


Occupation fee 

After a tenancy agreement has been terminated, NCAT can make orders for the tenant to pay a daily occupation fee until they move out of the premises.

Section

Orders

Time limit

Information, documents or details required

123 An order for payment of an occupation fee Provide dates the tenant remained in occupation after the date for vacation of the premises.


Rental bond 

When there is a dispute about the rental bond, NCAT can make orders about the payment of the rental bond.  Learn more about  making a bond claim on NSW Fair Trading's website.

Section

Orders

Time limit

Information, documents or details required

175

An order regarding the payment of a rental bond

Note:  You must notify NSW Fair Trading if you apply for rental bond orders.

Within 6 months after the bond is paid. Tell us the amount and details of each item claimed, with reasons why you should be paid all or part of the rental bond.


Abandoned premises 

If a tenant abandons the premises during the tenancy, NCAT can make orders declaring that the premises are abandoned and for the tenant to pay compensation for any loss caused by the abandonment.

Section

Orders

Time limit

Information, documents or details required

106 An order that the premises have been abandoned by the tenant on a specified date Explain why you think the premises have been
abandoned and specify the abandonment date.
107 An order that the tenant must pay you $ (insert  amount) compensation for any loss (including rent) caused by the tenant abandoning the premises Provide details of your loss caused by the
abandonment of the premises.  Outline the steps you have taken to minimise your loss.


Goods left behind 

If a tenant leaves behind uncollected goods in the rented premises after the tenancy has ended, NCAT can make orders about the removal and disposal of those goods.  Learn more about  goods left behind on NSW Fair Trading's website.

Section

Orders

Time limit

Information, documents or details required

132 An order that a tenant or other person pay an occupation fee for goods left on the premises or stored by the landlord Provide details about the abandoned goods and explain why you should be paid an occupation fee for storing them.
133(2)(a) An order authorising the removal or other disposal of goods Provide details about the abandoned goods and explain what you would like to do with the goods.
133(2)(c)-(e) An order authorising the sale of goods left at the residential premises and the payment of the proceeds of the sale Explain why you believe that the goods have been abandoned and why you think that the sale of the goods is the appropriate method of dealing with them.